Hypothecation of Customer Securities

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What this video covers

  • The definition of hypothecation: pledging securities as collateral without transferring ownership, and how the firm profits from the spread between broker loan rates and margin interest
  • Why customer-to-customer commingling requires written consent from each customer, and why customer-to-firm commingling is an absolute ban that no consent can override
  • How the aggregate indebtedness limit works as a pooled ceiling across all pledged customers, not a per-customer cap
  • The written pledgee notice requirement: what it tells the lender, why it prevents superior rights claims, and its role in firm failure scenarios
  • The jurisdictional distinction between the exchange member rule and the over-the-counter rule, which covers all broker-dealers universally
  • How the hypothecation rules fit into the broader customer protection chain alongside segregation and securities lending limits
  • The 140% boundary for non-excess margin securities: what can be pledged, what must be segregated, and why excess margin cannot be hypothecated

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