Treatment of shortfalls - CASS Provision: Difference between revisions

no edit summary
No edit summary
No edit summary
Line 8: Line 8:
CASS {{cassprov|6.6.54}} R applies where there is an unresolved {{fcaprov|shortfall}}.<br>
CASS {{cassprov|6.6.54}} R applies where there is an unresolved {{fcaprov|shortfall}}.<br>
:(1) Until it is resolved, the {{fcaprov|firm}} must either:
:(1) Until it is resolved, the {{fcaprov|firm}} must either:
::(a) hold enough {{fcaprov|applicable assets}} to cover the {{fcaprov|shortfall}} for the relevant {{fcaprov|client}}s so that their liquidation proceeds are available to them upon the {{fcaprov|firm}}’s failure and, in doing so: <br>
::(a) hold enough {{fcaprov|applicable assets}} to cover the {{fcaprov|shortfall}} and, in doing so: <br>
:::(i) separate the {{fcaprov|applicable assets}} from the {{fcaprov|firm}}’s own property, recording them in its {{fcaprov|client-specific safe custody asset record}} as being held for the relevant {{fcaprov|client}}; <br>
:::(i) separate the {{fcaprov|applicable assets}} from the {{fcaprov|firm}}’s own property, recording them in its {{fcaprov|client-specific safe custody asset record}} as being held for the relevant {{fcaprov|client}}; <br>
:::(ii) keep a record of the actions it has taken, including a description of the {{fcaprov|shortfall}}, the relevant {{fcaprov|client}}s, and the {{fcaprov|applicable assets}} the {{fcaprov|firm}} has appropriated; and <br>
:::(ii) record the {{fcaprov|shortfall}}, the relevant {{fcaprov|client}}s, and the {{fcaprov|applicable assets}} the {{fcaprov|firm}} has appropriated; and <br>
:::(iii) update that record whenever the discrepancy is resolved; or
:::(iii) update that record whenever the discrepancy is resolved; or
::(b) hold enough money to cover the {{fcaprov|shortfall}}, for the relevant {{fcaprov|client}} as {{fcaprov|client money}} and, in doing so: <br>
::(b) hold enough money to cover the {{fcaprov|shortfall}} as {{fcaprov|client money}} and, in doing so: <br>
:::(i) ensure it is segregated and recorded as being held for the relevant {{fcaprov|client}}; <br>
:::(i) ensure it is segregated and recorded as being held for the relevant {{fcaprov|client}}; <br>
:::(ii) keep a record of the actions it has taken, including a description of the {{fcaprov|shortfall}}, the relevant {{fcaprov|client}}s, and amount of money the {{fcaprov|firm}} has appropriated; and <br>
:::(ii) record the {{fcaprov|shortfall}}, the relevant {{fcaprov|client}}s, and amount of money the {{fcaprov|firm}} has appropriated; and <br>
:::(iii) update that record whenever the discrepancy is resolved; or
:::(iii) update that record whenever the discrepancy is resolved; or
::(c) a combination of the two.
::(c) a combination of the two.