15 U.S.C. § 78kkk: Miscellaneous provisions

Summary

Makes reports and other papers filed with SIPC open for public inspection unless SIPC or the Commission decides disclosure would hurt the public interest. Congress and its proper committees, and the Commission itself, can still get any documents they need. Members of SIPC are not responsible for another broker or dealer’s acts or debts, except for assessments required under section 78ddd. SIPC and its directors, officers, and employees are not liable for actions or omissions made in good faith. SIPC must set rules about how members may use signs or ads saying they are protected and may require simple public notice of membership. The rule in section 78t(a) does not apply to liability under this chapter. SIPC, its property, capital, reserves, surplus, and income are exempt from federal, state, and local taxes, but real property and tangible personal property (not cash or securities) are taxed by states and localities like other property. Member assessments count as ordinary and necessary business expenses under section 162(a) of title 26. Transfers from a trust set up by a national exchange before January 1, 1970, to SIPC are not taxable and do not change prior tax treatment. If SIPC dissolves, its assets do not go to members. Not later than twelve months after December 30, 1970, the Commission must list unsafe or unsound practices by SIPC members, report steps taken to stop them, and recommend any new laws Congress might need.

Title 15, §78kkk

Commerce and Trade, Source: USLM XML via OLRC

(a)Public inspection of reports

Any notice, report, or other document filed with SIPC pursuant to this chapter shall be available for public inspection unless SIPC or the Commission shall determine that disclosure thereof is not in the public interest. Nothing herein shall act to deny documents or information to the Congress of the United States or the committees of either House having jurisdiction over financial institutions, securities regulation, or related matters under the rules of each body. Nor shall the Commission be denied any document or information which the Commission, in its judgment, needs.

(b)Liability of members of SIPC

Except for such assessments as may be made upon such member pursuant to the provisions of section 78ddd of this title, no member of SIPC shall have any liability under this chapter as a member of SIPC for, or in connection with, any act or omission of any other broker or dealer whether in connection with the conduct of the business or affairs of such broker or dealer or otherwise and, without limiting the generality of the foregoing, no member shall have any liability for or in respect of any indebtedness or other liability of SIPC.

(c)Liability of SIPC and Directors, officers, or employees

Neither SIPC nor any of its Directors, officers, or employees shall have any liability to any person for any action taken or omitted in good faith under or in connection with any matter contemplated by this chapter.

(d)Advertising

SIPC shall by bylaw prescribe the manner in which a member of SIPC may display any sign or signs (or include in any advertisement a statement) relating to the protection to customers and their accounts, or any other protections, afforded under this chapter. No member may display any such sign, or include in an advertisement any such statement, except in accordance with such bylaws. SIPC may also by bylaw prescribe such minimal requirements as it considers necessary and appropriate to require a member of SIPC to provide public notice of its membership in SIPC.

(e)SIPC exempt from taxation

SIPC, its property, its franchise, capital, reserves, surplus, and its income, shall be exempt from all taxation now or hereafter imposed by the United States or by any State or local taxing authority, except that any real property and any tangible personal property (other than cash and securities) of SIPC shall be subject to State and local taxation to the same extent according to its value as other real and tangible personal property is taxed. Assessments made upon a member of SIPC shall constitute ordinary and necessary expenses in carrying on the business of such member for the purpose of section 162(a) of title 26. The contribution and transfer to SIPC of funds or securities held by any trust established by a national securities exchange prior to January 1, 1970, for the purpose of providing assistance to customers of members of such exchange, shall not result in any taxable gain to such trust or give rise to any taxable income to any member of SIPC under any provision of title 26, nor shall such contribution or transfer, or any reduction in assessments made pursuant to this chapter, in any way affect the status, as ordinary and necessary expenses under section 162(a) of title 26, of any contributions made to such trust by such exchange at any time prior to such transfer. Upon dissolution of SIPC, none of its net assets shall inure to the benefit of any of its members.

(f)section 78t(a) of this title not to apply

The provisions of subsection (a) of section 78t of this title shall not apply to any liability under or in connection with this chapter.

(g)SEC study of unsafe or unsound practices

Not later than twelve months after December 30, 1970, the Commission shall compile a list of unsafe or unsound practices by members of SIPC in conducting their business and report to the Congress (1) the steps being taken under the authority of existing law to eliminate those practices and (2) recommendations concerning additional legislation which may be needed to eliminate those unsafe or unsound practices.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) to (f), was in the original “this Act”, meaning Pub. L. 91–598, Dec. 30, 1970, 84 Stat. 1636. For complete classification of this Act to the Code, see Tables.

Amendments

1986—Subsec. (e). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954” wherever appearing, which for purposes of codification was translated as “title 26” thus requiring no change in text. 1978—Subsec. (b). Pub. L. 95–283, § 14(c), redesignated subsec. (c) as (b). Former subsec. (b), relating to application of securities investor protection provisions to foreign members, was struck out. Subsec. (c). Pub. L. 95–283, § 14(a), (c), redesignated subsec. (d) as (c) and inserted “, officers, or employees” after “Directors” in heading and text. Former subsec. (c) redesignated (b). Subsec. (d). Pub. L. 95–283, § 14(b), (c), redesignated subsec. (e) as (d), inserted provisions authorizing SIPC to prescribe necessary and proper minimal requirements for providing public notice of membership by a member of SIPC in SIPC, and struck out provisions authorizing rules by SIPC to implement advertising requirements. Former subsec. (d) redesignated (c). Subsecs. (e) to (h). Pub. L. 95–283, § 14(c), redesignated subsecs. (e) to (h) as (d) to (g), respectively.

§78kkk Miscellaneous Provisions