ARTICLE
12 January 2022

Firm Settles FINRA Charges For Net Capital Rule Violations

CW
Cadwalader, Wickersham & Taft LLP

Contributor

Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
A firm settled FINRA charges for conducting a securities business while failing to maintain required minimum net capital.
United States Finance and Banking
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A firm settled FINRA charges for conducting a securities business while failing to maintain required minimum net capital pursuant to SEA Rule 15c3-1 ("Net capital requirements for broker dealers").

According to the Letter of Acceptance, Waiver, and Consent, FINRA found that the firm's net capital fell below the required minimum because it incurred certain legal fees. FINRA determined that the firm also (i) filed with the SEC and FINRA inaccurate notices of its net capital deficiency, and (ii) failed to maintain books and records that were accurate with respect to the firm's net capital and indebtedness.

FINRA concluded that the firm violated SEA Rule 17a-11 ("Notification provisions for brokers and dealers"), as well as SEA Rules 17a-3 ("Records to be made by certain exchange members, brokers and dealers") and 17a-5 ("Reports to be made by certain brokers and dealers"). To settle the charges, the broker-dealer agreed to (i) a censure, and (ii) a $10,000 fine.

Primary Sources

  1. FINRA AWC: Third Seven Capital LLC

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