According to FINRA, International Research Securities, Inc. was censured and fined $10,000 for conducting a securities business while failing to maintain its required minimum net capital and for filing inaccurate financial reports.
The firm received an Economic Injury Disaster Loan (EIDL) of $1,636,300 from the Small Business Administration. The firm used most of the proceeds to purchase mutual funds and improperly subtracted the value of those mutual funds from its total aggregate indebtedness calculation. This error caused the firm to incorrectly calculate its minimum net capital requirement.
As a result, the firm's net capital fell below the required minimum and remained deficient for over five months. During this period, the firm conducted securities business on 112 days, violating Section 15(c) of the Securities Exchange Act.
The firm maintained inaccurate books and records, including aggregate indebtedness, minimum required net capital, and excess net capital computations. It filed an inaccurate FOCUS report that misstated the firm's aggregate indebtedness, required minimum net capital, and excess net capital. The firm failed to file a Net Cap Deficiency Notice until over a month after the deficiency began, and that notice contained material inaccuracies. An accurate notice was not filed until over five months after the deficiency started. Additionally, the firm failed to file an Early Warning Notice for over three months after net capital fell below 120 percent of the required minimum.
This case illustrates the technical but critical importance of proper net capital calculations and timely regulatory notifications. Investors rely on broker-dealers maintaining adequate financial resources to conduct business safely and honor their obligations.