According to FINRA, Vision Financial Markets LLC was censured and fined $250,000 for failing to accurately calculate and maintain customer reserve and proprietary accounts of broker-dealers (PAB) reserve requirements.
The firm's failures were significant. Vision inaccurately calculated its customer reserve requirement, generally because it improperly included certain debits in its reserve formula. These inaccurate calculations caused the firm's reserve accounts to be underfunded, resulting in hindsight deficiencies generally ranging from $499,000 to $7.7 million.
The firm also improperly calculated its PAB reserve requirement, resulting in two hindsight deficiencies of $2.5 million and $4.1 million, respectively.
Customer reserve requirements under SEC Rule 15c3-3 are designed to protect customer assets held by broker-dealers. Firms must segregate customer funds and securities to ensure they remain available to customers even if the broker-dealer experiences financial difficulties. When firms fail to maintain adequate reserves, customer assets may be at risk.
The firm's violations extended to its books and records and regulatory filings. Vision created and maintained inaccurate records and filed FOCUS reports that inaccurately reflected its customer and PAB reserve obligations.
The firm's supervisory system was also deficient. Its written supervisory procedures failed to address the requirement that customer reserves be calculated based on settled positions and balances as of the close of the last business day of the week, did not explain how to perform accurate concentrated debit margin computations, and failed to describe how to correctly designate accounts for PAB reserve computation purposes. The firm also lacked any process to verify the accuracy of its weekly reserve computations.
Following FINRA's action, the firm updated its supervisory system and procedures regarding its reserve obligations.
For investors, this case highlights the importance of customer protection rules designed to safeguard your assets at a brokerage firm.