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SIPA meaning

What does SIPA mean?
In practice, SIPA refers to the US Securities Investor Protection Act of 1970, which governs the insolvency and court‑supervised liquidation of failed US broker‑dealers and the return of customer assets. It is a US federal statute, administered by the Securities Investor Protection Corporation (SIPC), and has been applied to firms such as Lehman Brothers Inc. Key features include: the appointment of a SIPA trustee; a statutory stay; pooling and distribution of “customer property” with priority to “customers”; and SIPC advances (currently up to USD 500,000 per customer, including up to USD 250,000 for cash) to facilitate the transfer or return of accounts. SIPA operates alongside the US Bankruptcy Code and contains protections relevant to securities, repo and derivatives close‑outs. For UK and Irish practitioners, SIPA is relevant where clients use US prime brokers or hold US‑custodied assets, or where English or Irish law contracts interface with a US broker‑dealer failure. SIPA proceedings may seek recognition in the UK (for example under the Cross‑Border Insolvency Regulations 2006) and, more generally, can raise conflict‑of‑laws and client asset issues. SIPA is distinct from the UK/EEA client asset regime (CASS) and the FSCS, which do not apply to US broker‑dealers.
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View the related Practice Notes about SIPA

PRACTICE NOTES
Primeo Fund liquidation and litigation after Madoff: Cayman Islands and Privy Council rulings on SIPA clawbacks, Herald claims, redemption creditor priority, NAV finality and service-provider liability (HSBC)

Brief history Before it went into liquidation, Primeo Fund (Primeo) operated as an open‑ended mutual investment vehicle. It was sponsored by Bank Austria and domiciled in the Cayman Islands. As is typical, it collected capital from investors and deployed those monies. A significant proportion of investors were Austrian private individuals, subscribing for shares in Primeo. At the outset, between 1993 and 1996, Primeo allocated its portfolio to several external managers, including Bernard L. Madoff Investment Securities LLC (BLMIS). The directors’ first allocation mandated that 7.5% of Primeo’s assets be placed with BLMIS. In 1996, reflecting BLMIS’s seemingly strong performance, Primeo bifurcated into two sub‑funds: the existing fund became Primeo Global, while a new vehicle, Primeo Select, was formed to invest solely with BLMIS. By February 2001, a decision was taken to wind down Primeo Global, which had underperformed markedly compared with Primeo Select. Primeo Select maintained a direct relationship with BLMIS until May 2007, when it was reorganised to gain exposure indirectly via Herald Fund SPC (Herald). Under that...

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