Quote from scorpion:
this guy said he can't get his deposit & profits? Profits are not locked up.. no response from him. i guess all is ok. What was the point of the thread when he would not even say what firm is he was having payment issue with ? too many sketchy firms out their. the cbsx lockup rule of trader's deposits is bullshit
Quote from rmorse:
The 365 day lock up is actually an SEC requirement, so it would apply to all JBO arrangements, not just CBSX. I think it comes from this study: http://www.sec.gov/news/studies/daytrading.htm
4. Net Capital Restrictions on the Withdrawal of Partnership Capital
A proprietary firm may include the capital contributed by its members as an allowable asset for net capital purposes. This practice may restrict the ability of the firm's members to withdraw their funds, if the withdrawal would place the firm in violation of the net capital rule.34 All of the proprietary firms examined by the Staff had operating agreements restricting partners' withdrawal of equity capital or capital contributions made by members of the firm. In general terms, the operating agreements stated that the general partner may restrict distributions of capital if such withdrawals would cause the firm to violate the requirements of the net capital rule.
The SEC's staff has issued an interpretive letter relating to the net capital treatment of temporary capital contributions.35 Under the interpretive letter, if an individual contributes capital to a broker-dealer with an understanding that the contribution can be withdrawn at the option of the individual, the contribution may not be included in the firm's net capital computation and must be re-characterized as a liability. In addition, the letter states that any withdrawal of capital by that individual within a year (other than a withdrawal to make required tax payments and reasonable compensation to partners as described in Exchange Act Rule 15c3-1), shall be presumed to have been contemplated by the individual at the time of the contribution. The Staff believes that this interpretation is consistent with the position it has emphasized for some time and should clarify a day-trading firm's obligation to maintain permanent capital under the net capital rule.