Margin Requirements
BC-2.7.20
Before conducting a transaction with or for a
retail client ,investment firm licensees must notify theclient of:(a) The circumstances in which theclient may be required to provide any margin;(b) The form in which the margin may be provided;(c) The steps theinvestment firm licensee may be required or entitled to take if theclient fails to provide the required margin, including:(i) The fact that theclient's failure to provide margin may lead to theinvestment firm licensee closing out his position after a time limit specified by the firm;(ii) The circumstances in which theinvestment firm licensee will have the right or duty to close out theclient's position; and(d) The circumstances, other than failure to provide the required margin, that may lead to theinvestment firm licensee closing out theclient's position without prior reference to him.Amended: January 2007BC-2.7.21
Investment firm licensees must close out aretail client's open position if thatclient has failed to meet a margin call within five business days following the date on which the obligation to meet the call accrues, unless:(i) Theinvestment firm licensee has received confirmation from a relevant third party (such as a clearing firm) that theretail client has given instructions to pay in full; or(ii) Theinvestment firm licensee has taken reasonable care to establish that the delay is owing to circumstances beyond theretail client's control.Amended: January 2007BC-2.7.22
For the purposes of Rule BC-2.7.21,
investment firm licensees may require the closing of aretail client's open position in less than five business days, for their own risk management purposes.