Pursuant to SEC Rule 17a-5(d)(1), 17 C.F.R. § 240.17a-5(d)(1), unless otherwise exempted, all members of SIPC that are required to file Annual Reports with the SEC and their Designated Examining Authority (DEA) are also required to file their Annual Reports with SIPC. See SEC Rule 17a-5(d)(6), 17 C.F.R. § 240.17a-5(d)(6).
Annual audit reports are due to SIPC when they are due to the DEA and the SEC (not more than sixty calendar days after the end of the member’s fiscal year or not more than ninety days after the end of the member’s fiscal year for certain Broker-Dealers covered by SEC Release No. 34-91128.) Members covered by SEC Release No. 34-91128 must notify SIPC in writing that they are relying on the Commission’s order and submit to SIPC a copy of the written notification provided to their DEA. Only one notification is required. Members do not need to re-notify SIPC for each subsequent year that the firm meets the conditions.
Through an arrangement with FINRA, all members that file Annual Reports with their DEA through the FINRA Firm Gateway will use the FINRA Firm Gateway to also file their Annual Reports with SIPC. When an Annual Report is filed by a member through the FINRA Firm Gateway, this will also constitute filing with SIPC. When filing through the FINRA Firm Gateway the FINRA site will indicate:
By submitting this report, [the firm] acknowledges that the filing of its Annual Report with FINRA (initial and amendments) also constitutes filing of the Annual Report with SIPC pursuant to SEC Rule 17a-5 if the firm is also a SIPC member
SIPC members that do not file through the FINRA Firm Gateway will be provided with instructions.
For more information, please see Questions about Annual Reports.