STRENGTH AND SECURITY
Interactive Brokers Australia ("IBA") takes a proactive approach to client protection. IBA determines the amount of cash and securities owed to clients daily and segregates funds for the exclusive benefit of clients in bank accounts correctly identified as client segregated accounts as defined under the Corporations Act 2001.
IBA performs a reconciliation of client money at least daily to ensure that client monies are properly segregated from the IBA’s own funds, another way that Interactive Brokers seeks to provide state-of-the-art protection for our clients. Client-owned, fully-paid securities are protected in accounts at depositories and custodians that are specifically identified for the exclusive benefit of clients. IBKR reconciles positions in securities owned by clients daily to ensure that these securities have been received at the depositories and custodians
IBA applies real-time risk margin requirements to client accounts, whereas many other broker-dealers apply an end-of-day risk margin. If a client is deemed to have insufficient assets to cover the risk of their open positions, IBA typically will perform real-time liquidations of their positions to return the account to margin compliance. Other broker-dealers often permit clients to carry this risk over multiple days.
IBA's real-time risk margin requirement and protective liquidations greatly minimize our clients’ exposure to losses attributable to other clients’ trading, and the risk that client losses pose to IBA. The practice of other broker-dealers to calculate risk of the end of the day increases the likelihood that volatile market conditions could expose their clients to risk compared to IBA clients in similar market conditions. Firms that do not impose real-time liquidations, and allow clients to promise to bring in funds at a future date to cover the risk, expose clients to the credit risk of other clients.
Another major benefit of doing business with IBA is that it does not carry any proprietary inventory. IBA solely acts as a facilitator for client trading and does not make any directional bets. Two of the most significant broker-dealer bankruptcies of the past decade (Lehman Brothers and MF Global) were caused by the risk generated from proprietary holdings.
Since IBA does not make proprietary bets, the risk of IBA going bankrupt and client funds being tied up in a liquidation is significantly less than other broker-dealers that which take proprietary positions. Additionally, IBA’s clients do not have to worry about their broker making proprietary bets against them.
Finally, IBA is not affiliated with a bank, which is unlike most comparably capitalized broker-dealers.Not being affiliated with a bank provides IBA, with a more stable platform for our clients should a marketwide crisis arise.
Broker-dealers affiliated with banks are subject to further supervision by banking regulators, which results in additional uncertainty as to who has rights to the assets in the event of a bankruptcy. Since IBA is not a bank, we believe clients' assets would be returned in a more timely fashion than for bank- owned broker-dealers. Moreover, in a financial crises scenario, IBA’s financial resources would be dedicated solely to ensuring the continued smooth operations of the broker-dealer. Bank-affiliated broker-dealers, on the other hand, are capitalized by their bank affiliate, and are generally set-up as a subsidiary of a bank holding company affiliate. Unlike IBA these bank-affiliated broker-dealers are not independent, self-capitalized entities adding a layer of additional risk for their clients. In a financial crisis those broker-dealers are competing with their banking affiliates for capital and liquidity. This could result in the capital being pulled out of the broker-dealer and funds being deployed at the affiliated banking entity to the detriment of brokerage clients.
Indeed, during the height of the financial crisis, while clients were removing funds and equity from these bank-affiliated broker-dealers, those clients were depositing their assets with Interactive Brokers as a safe haven. As a result of Interactive Broker's strong financial position, client equity and client cash increased by 77% and 65% respectively from November 2008-November 2009.
Australian Listed Shares
As disclosed in our Financial Services Guide, among other places, IBA has appointed a third-party sub-custodian, BNP Paribas, to hold securities that you purchase on the ASX or CBOE Australia. This custodial arrangement may impact whether or not you would be entitled to access compensation available under the National Guarantee Fund (NGF) in circumstances prescribed in Division 4 of Part 7.5 of the Corporations Regulations.
The NGF is administered by the Securities Exchange Guarantee Corporation. For more information regarding the NGF, including the claims process, etc., please refer to the following website:
http://www.segc.com.au, or contact Securities Exchange Guarantee Corporation at:
Securities Exchanges Guarantee Corporation Limited
Level 21
Australia Square
264 George Street
Sydney NSW 2000
E-mail:segc@segc.com.au
Phone:02 8216 0231
For information regarding how IB Australia handles client money, details of our professional indemnity
insurance policy and other important matters, please consult the IB Australia Financial Services
Guide which can be found here:
https://www.interactivebrokers.com.au/en/accounts/forms-and-disclosures-client-agreements.php
U.S.A., Listed Shares
IB Australia custodies certain of your securities positions with its US affiliate, Interactive Brokers LLC ("IBLLC"), which is licensed by the US Securities & Exchange Commission and a member of the US Securities Investor Protection Corporation ("SIPC'). To the extent that your securities (or cash balances, to the extent they are acting as margin in support of a short stock or option position carried by IBLLC) are custodied at IBLLC, they are protected by SIPC for a maximum coverage of $500,000 (with a cash sublimit of $250,000) and under Interactive Brokers LLC's excess SIPC policy with certain underwriters at Lloyd's of London 1 for up to an additional $30 million (with a cash sublimit of $900,000) subject to an aggregate limit of $150 million. Futures and options on futures are not covered. This coverage provides protection against failure of a broker-dealer, not against loss of market value of securities. In the unlikely event it should ever become necessary to assert a claim in a SIPC insolvency proceeding as a result of a failure of IBLLC, Interactive Brokers Australia Pty Ltd will make the claim on your behalf.
Overview of Share Ownership in Australia
Interactive Brokers Australia Pty Ltd (“IBA”), which holds an Australian Financial Services License (“AFSL” No. 453554), is headquartered in Sydney and provides services to Australian clients. IBA clients who acquire shares on Australian markets can be confident that their shares are held in CHESS separately from shares held for IBA or its agents.
CHESS – or Clearing House Electronic Subregister System – is used by the ASX Settlement Pty Ltd (“ASXS”) to record shareholdings and manage the settlement of share transactions executed on Australian securities exchanges. All Shares on the CHESS subregister are held through a HIN – or Holder Identification Number. Each HIN is unique and represents the securities’ legal (but not necessarily beneficial) owner (name-on-register approach). All HINs within CHESS are controlled or “sponsored” by an ASXS participant.
Another way a shareholder can hold shares in Australia is in what is referred to as “Issuer sponsored.” Here, the subregister of shares is managed by the issuer's share registry, where a share registry maintains the subregister. Issuer-sponsored shares are allocated a Securityholder Reference Number ("SRN"). Together, the subregisters managed by CHESS and the issuer through the share registry comprise the principal register of shares for the issuer. In almost all instances, clients wishing to trade these issuer-sponsored shares on Australian markets must first initiate a transfer of their shareholdings from their SRN to CHESS via a broker.
Frequently Asked Questions
Whilst IBA is a market participant of the ASX and the Cboe Australia markets, IBA has appointed a third-party, BNP Paribas, ABN: 23000000117, AFSL 238043 ("BNP"), to clear and settle the transactions that IBA executes on behalf of clients on these markets, as well as ensuring that these shares are recorded on a HIN sponsored by BNP. Please note that IBA holds clients' Australian assets at BNP in a client sub-custody account separately from its own assets.
There are pros and cons of holding your Australian Shares on a HIN directly in your name versus the nominee and custody model provided by IBA. The choice of broker and, thus, the choice of how to hold your shares always remains entirely with you, the client. However, it is important to understand that many of the reasons clients choose an individual HIN model over a nominee and custody model may not always be as relevant when you have an account with IBA, as can be seen below:
Direct ownership – In most cases your account name reflects the registered legal owner of the shares via the CHESS subregister should you select an individual HIN. As CHESS has a three-person limit, trusts with more than three trustees may not have all legal owners reflected on the HIN. Please note the HIN name-on-register approach does not always reflect beneficial ownership, such as in the trust account scenario where the beneficiaries of the trust are not always the legal owners. Under the IBA nominee and custodial model, whilst the Australian shares are held with our custody bank, BNP Paribas, you, as the client, remain the beneficial owner of the shares. It is crucial to understand that you, as the client, have the commercial "benefit" of the shares, meaning the right to sell, receive dividends, etc. IBA does not have that commercial benefit (beneficial ownership) of the assets held for clients.
Perceived simplified portability – If you decide to switch brokers, you can, in theory, take your HIN number with you. How important that is to you, the client, is ultimately your choice. With IBA, you hold all your assets (shares, futures, options, bonds, etc.) and currency balances across every market in one account under our unique universal account. For any other broker that allows you to trade and hold products beyond Australian market shares, those other assets would obviously NOT be recorded in your HIN, and hence, you would need to potentially manage any number of different accounts.
Voting rights – As an ordinary shareholder in a company, you have the right to vote at general meetings and on decisions related to directors, remuneration and other company business. While every broker is different, some who operate a nominee and custody model do not pass voting rights onto shareholders. However, that is not the case with IBA, where you, the client, retain your voting rights to Australian shares.
Corporate action processing, including dividend payments – Most brokers who offer individual client HINs expect the clients to process their own corporate actions, including receiving corporate actions notices via mail, making your own elections, completing the appropriate paperwork, and arranging any payments where necessary, all before the various due dates with any number of share registries. In fact, some brokers require clients with individual HINs to register their bank details to get dividend payments, for example, and failing to implement that may result in delays in your dividend payments. This is not the case with IBA; we will allow you to elect your corporate actions online via our Client Portal, and we will process your corporate actions for you, and payments and allocations, including dividend payments, will go straight into your IBA account. There is no need to BPAY or wire funds to the relevant share registry or return corporation action instructions by mail, as IBA will process the requests online via the funds available in your IBA universal account.
Unlike many other brokers in Australia, there are so many other benefits for clients who choose IBA as their broker to trade and hold Australian shares, such as:
Access to more products and asset classes – IBA's depth and breadth of products have almost no comparison in Australia. IBKR offers all clients access not just shares but options, futures, currencies, bonds, CFDs, and more on over 150 global markets, across 28 global currencies from a single unified platform and a single universal account. Our nominee and custody model also supports fractional investing in some international shares – where you can buy and sell shares in fractional amounts, which IBA can offer in several markets (see here for more details).
Low commission and fees – IBA's global coverage and its efficient nominee and custody model mean lower trading costs than those borne by brokers offering individual HINs. See here for more details on IBA's commission rates. In addition, IBA boasts exceptionally competitive margin rates (see here for more details) and, unlike many other brokers in Australia, IBA allows clients to earn a competitive return on idle cash held in their IBA universal account (see here for more details).
Strength and Security – When placing your money with a broker, you need to make sure your broker is secure and can endure through good and bad times. IBA is part of IBKR Group, which has an exceptionally strong capital position, conservative balance sheet and automated risk controls are designed to protect IBKR and our clients from large trading losses. See here for more details.
Other
In accordance with applicable regulations, Interactive Brokers ("IBKR") has developed a Business Continuity Plan ("BCP") to assist the firm in promptly addressing and responding to the possibility of a future Significant Business Disruption ("SBD"). This plan is designed to mitigate or eliminate the impacts of SBDs of varying scope.
IBKR's BCP was developed using a risk-based approach to identify critical systems and functions and determine the means by which clients will be provided prompt access to their funds and accounts in the event of an SBD. Additionally, the plan describes resiliency and redundancy controls implemented within the systems infrastructure to minimize the potential adverse effects of a disruption.
IBKR's BCP is designed to restore client access to the systems which service funds and positions within 24 hours of a disruption, although recovery time can vary depending on the nature of the disruption, the specific services that have been disrupted or factors outside of IBKR's control.
To review key elements of IBKR’s BCP, please read our BCP Disclosure.