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HR 757 112th Congress House Finance and Financial Sector Bankruptcy Consumer affairs Financial services and investments Securities

Equitable Treatment of Investors Act

Introduced: February 17, 2011 See on congress.gov
 Everywhere this bill has been 5 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Mar 7, 2012
Subcommittee Hearings Held.
Apr 4, 2011
Referred to the Subcommittee on Capital Markets and Government Sponsored Enterprises.
Feb 18, 2011
Sponsor introductory remarks on measure. (CR E265-266)
Feb 17, 2011
Referred to the House Committee on Financial Services.
Feb 17, 2011
Introduced in House
 Plain-English summary Congressional Research Service

Equitable Treatment of Investors Act - Amends the Securities Investor Protection Act of 1970 to revise the definition of "net equity."

States that, in determining net equity, the positions, options, and contracts of a customer held by the debtor, and any indebtedness of the customer to the debtor, shall be determined based on: (1) the information contained in the last statement received by the customer from the debtor before the filing date; and (2) any additional specific confirmations of the customer's positions, options, contracts, or indebtedness received after such last statement but before the filing date.

Prohibits reliance on the final statement of the debtor to customer, however, if the customer: (1) knew the debtor was involved in fraudulent activity with respect to any of its customers; or (2) as a registered broker, dealer, or investment adviser under specified securities laws, or a person required to be so registered, knew, or should have known, that the debtor was involved in such a fraudulent activity and did not notify the Securities Investor Protection Corporation (SIPC), Securities and Exchange Commission (SEC), or law enforcement personnel that the debtor was so involved.

Prohibits a trustee in bankruptcy in a liquidation proceeding from recovering any property transferred by the debtor to a customer before the filing date unless, at the time of such transfer, the customer meets the same criteria.

Transfers from SIPC to the SEC authority to nominate to a court persons for appointment as trustee for the liquidation of a debtor's business and as attorney for the trustee.

What's happening now March 7, 2012

Subcommittee Hearings Held.

 Committees of jurisdiction 2