ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

7 U.S.C. § 24Customer property with respect to commodity broker debtors; definitions

submitted 104 years ago by Pub. L. 95-598 to r/title-7-AGRICULTURE · 252 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lets the Commission set special bankruptcy rules for a commodity broker that becomes a debtor. Those rules can decide what counts as customer property and how the broker's business winds down. It also defines key terms and protects customers whose securities sit in portfolio margining accounts.

(a) Even though title 11 (the Bankruptcy Code) generally governs, the Commission may, by rule or regulation, address a commodity broker that is a debtor under chapter 7 of title 11. Its rules can decide: (1) which cash, securities, other property, or commodity contracts count as, or are excluded from, "customer property" or "member property"; (2) which cash, securities, other property, or commodity contracts must be treated as belonging to one particular customer in a specific role; (3) how the broker's business should be run or wound down after the bankruptcy petition is filed — including how margin gets paid and divided for commodity contracts not tied to one particular customer, while they are being liquidated in an orderly way; (4) who customer property and commodity contracts may be transferred to under section 766 of title 11; and (5) how a customer's "net equity" is determined. (b) In this section, "commodity broker," "commodity contract," "customer," "customer property," "member property," "net equity," and "security" mean whatever those terms mean under subchapter IV of chapter 7 of title 11. (c) The Commission must use its authority to make sure that securities held in a portfolio margining account that is carried as a futures account count as customer property, and that the owners of those accounts count as customers, for purposes of subchapter IV of chapter 7 of title 11.
the actual law source: uscode.house.gov ↗public domain
(a) Regulations respecting commodity broker debtors

Notwithstanding title 11, the Commission may provide, with respect to a commodity broker that is a debtor under chapter 7 of title 11, by rule or regulation—

(1)

that certain cash, securities, other property, or commodity contracts are to be included in or excluded from customer property or member property;

(2)

that certain cash, securities, other property, or commodity contracts are to be specifically identifiable to a particular customer in a specific capacity;

(3)

the method by which the business of such commodity broker is to be conducted or liquidated after the date of the filing of the petition under such chapter, including the payment and allocation of margin with respect to commodity contracts not specifically identifiable to a particular customer pending their orderly liquidation;

(4)

any persons to which customer property and commodity contracts may be transferred under section 766 of title 11; and

(5)

how the net equity of a customer is to be determined.

(b) Definitions

As used in this section, the terms “commodity broker”, “commodity contract”, “customer”, “customer property”, “member property”, “net equity”, and “security” have the meanings assigned such terms for the purposes of subchapter IV of chapter 7 of title 11.

(c) Portfolio margining accounts

The Commission shall exercise its authority to ensure that securities held in a portfolio margining account carried as a futures account are customer property and the owners of those accounts are customers for the purposes of subchapter IV of chapter 7 of title 11.

Source credit: (Sept. 21, 1922, ch. 369, § 20, formerly § 19, as added Pub. L. 95–598, title III, § 302, Nov. 6, 1978, 92 Stat. 2673; renumbered and amended Pub. L. 97–222, § 20, July 27, 1982, 96 Stat. 241; Pub. L. 111–203, title VII, § 713(c), July 21, 2010, 124 Stat. 1647.)

history & why it existsrecord from the source credit
  • 1922Enacted · Pub. L. 95-598 · 92 Stat. 2673
  • 1982Amended · Pub. L. 97-222 · 96 Stat. 241
  • 2010Amended · Pub. L. 111-203 · 124 Stat. 1647

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-598 on 1922-09-21.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case