ARTICLE
25 February 2021

Firm Settles FINRA Charges For Failing To Maintain Minimum Net Capital

CW
Cadwalader, Wickersham & Taft LLP

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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 its minimum net capital as required pursuant SEA Rule 15c3-1.
United States Finance and Banking

A firm settled FINRA charges for conducting a securities business while failing to maintain its minimum net capital as required pursuant SEA Rule 15c3-1 ("Net Capital Requirements for Brokers or Dealers").

According to the Letter of Acceptance, Waiver, and Consent, FINRA found that the firm also failed to include certain expenses in its calculation of its net capital and inaccurately disclosed the date on which the net capital deficiency began. As a result, FINRA found that the firm violated SEA Sections 15(c) and 17(a), SEA Rules 15c3-1 ("Net capital requirements for brokers or dealers") and 17a-11 ("Notification provisions for brokers and dealers"), and FINRA Rules 4110(b) ("Capital Compliance") and 2010 ("Standards of Commercial Honor and Principles of Trade").

To settle the charges, the firm agreed to (i) a censure and (ii) a $5,000 fine. (FINRA stated that it imposed a minimal fine due to the firm's revenues and financial resources.)

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