OVERVIEW
- What happened to MF Global Inc.?
On October 31, 2011, the United States District Court for the Southern District of New York entered an Order granting the application of the Securities Investor Protection Corporation (SIPC) finding that the customers of MF Global Inc. were in need of the protection afforded by the Securities Investor Protection Act (SIPA). James W. Giddens was appointed trustee for the liquidation of the business of MF Global Inc., and Hughes Hubbard & Reed LLP was appointed as counsel to the Trustee.
MF Global Inc., by court order, is undergoing a liquidation process. MF Global Inc. is currently being wound down. The broker-dealer is not conducting business and will not be reorganized.
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MF GLOBAL HOLDINGS LTD.
- What is the status of the liquidation of MF Global Holdings Ltd.?
These Frequently Asked Questions relate to the MF Global Inc. SIPA Proceeding only. If you are seeking information regarding the Chapter 11 case, please refer to www.mfglobalcaseinfo.com
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ACCOUNT TRANSFERS & DISTRIBUTIONS
- What funds have been transferred to date?
Distributions to nearly all MF Global Inc. former retail commodities customers with US futures positions and securities customers were made within weeks of the bankruptcy filing. The Trustee has returned approximately $3.9 billion in property from US depositories to former customers with US commodities positions in three bulk transfers since MF Global went into liquidation on October 31, 2011:
- First bulk transfer: By seeking Court approval on an emergency basis, the Trustee, in coordination with the CFTC, SIPC, and the CME
and other exchanges, has transferred customer accounts with open US futures positions, along with approximately $1.5 billion in collateral. This court-authorized bulk transfer was the maximum relief available under the law and the circumstances, and it averted mandatory liquidation of the transferred positions under governing CFTC rules.
- Second bulk transfer: On November 17, Judge Martin Glenn approved the Trustee's request to allow the bulk transfer of 60% of the cash
attributable to commodities accounts holding only unencumbered cash, or cash equivalents, on October 31, 2011. The cash transfer totaled approximately $500 million.
- Third bulk transfer: On December 9, Judge Glenn approved the Trustee's expedited motion for a bulk transfer and
distribution of approximately $2 billion to former MF Global Inc. retail commodities customers with US futures positions, which should result in
those account holders receiving approximately 72% of their property.
- Securities accounts: On December 9, Judge Glenn approved the Trustee's request for authority to sell and transfer
approximately 318 active retail securities accounts, which is substantially all of the securities accounts at MF Global Inc. Nearly all securities customers
have received 60% or more of their account value and already 194 of former MF Global Inc. securities customers have received the entirety of their account balances
because of a Securities Investor Protection Corporation guarantee.
- Should I post collateral if that is requested by the FCM?
In order to protect their transferred positions, former MF Global Inc. customers who have been transferred should consider posting collateral if that action is requested by the transferee Futures Commission Merchant (FCM). As an alternative, these former MF Global Inc. customers can request to have accounts liquidated.
- If my account was not transferred as part of the bulk transfer, what should I do?
The Trustee does not have the authority to transfer commodity accounts except in bulk, as granted by the Bankruptcy Court.
As of November 14, certain customer positions had not been transferred and remained at Facilitating Designated Clearing Organizations (DCOs) in MF Global Inc. accounts. Despite the Trustee’s and the Facilitating DCOs’ best efforts, it appears that a transfer of these positions to a Transferee FCM for the benefit of customers cannot be accomplished. Therefore, the Trustee requested that, once Facilitating DCOs had accomplished all pending position transfer requests, the DCOs commence a prompt and orderly liquidation of the remaining positions and provide a prompt accounting to the Trustee when complete. The Trustee noted that it is not necessary that liquidation be immediate but rather that it be prompt and orderly.
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CLAIMS PROCESS
- What will the claims process be?
On November 22, 2011, US Bankruptcy Judge Martin Glenn approved the Trustee's request for approval of a claims process for former customers of MF Global Inc. The Trustee
will now establish separate, parallel customer claims processes: one for MF Global Inc.'s commodity future customers, and the other for its securities customers, as well as an additional claims process for MF Global Inc.'s general creditors.
To assist in the prompt processing of claims, the Trustee has placed on this website PDF claims forms. In addition, the Trustee mailed paper forms to former customers of MF Global Inc. on December 2, 2011. The Notice of Commencement was also published in the Wall Street Journal, the New York Times, the Financial Times, and the Chicago Tribune on December 2, 2011.
Completed forms may be mailed to the Trustee at the address included in the instruction packet. To submit your claim electronically, please email your completed claim form and supporting documents to MFGlobalClaims@epiqsystems.com.
Claims will be reviewed promptly, and the Trustee's staff will communicate directly with claimants regarding questions related to their claims. Court approval of the claims process supports the Trustee's goal of returning as much customer property as possible, as quickly as possible, in a manner that is fair to all customers, and consistent with the law.
These claims processes are in addition to, and do not replace nor prevent, the Trustee's efforts to transfer accounts and property on a bulk basis.
The January 31, 2012 deadline has now passed for the submission of claims to the Trustee for the liquidation of MF Global Inc. by former MF Global Inc. commodity futures customers and former MF Global Inc. securities customers seeking to receive maximum protection under the Securities Investor Protection Act.
Claims will be verified for accuracy and duplicate claims will be identified. Determination letters are being issued to former customers on a rolling basis. The determination letter will acknowledge receipt of the claim and provide information on whether the claim has been allowed, denied, reclassified or requires further reconciliation or information.
- Where can I obtain a claim form?
To assist in the prompt processing of claims, the Trustee has placed on this website PDF claims forms. Securities customer claim forms and instructions are available here, commodities customer claim forms and instructions are available here, and general creditor claim forms and instructions are available here. In addition, the Trustee mailed paper forms to former customers of MF Global Inc. on December 2, 2011. Claim forms are also available by writing to the Trustee at the address of his counsel:
Hughes Hubbard & Reed LLP
One Battery Park Plaza
New York, NY 10004
Attn: MF Global Inc. Claim Form Request
- Why can't I receive 100% of my account immediately?
Under the law, the Trustee must use his best efforts to ensure that similarly situated former customers are treated as equally as possible, and he therefore cannot distribute more property than he will have or expects to have under his control. Most customers should now be receiving approximately 72% of the value of their US futures positions. The order authorizing the transfer requires the Trustee to hold back some funds to take account for other claims and contingencies as the claims process proceeds. In addition, the bulk transfers do not include foreign securities positions. Most of the secured funds for those positions are located abroad and under the control of foreign administrators, and the Trustee does not presently have access to those assets. Finally, some accounts may not be accepted by replacement FCMs because they contain only small residual amounts or for other reasons.
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COMMODITIES ACCOUNTS
- How do I get information about my commodities account, including its balance and whether and to whom it has been transferred?
For information on your commodities account, please send an e-mail message to clearinginformation@cmegroup.com, indicating your name, MF Global account number, office code and contact details. The clearing houses will respond to the e-mails by phone or in writing as soon as possible in order to confirm your receiving firm. Clearing house representatives will also provide contact information for the receiving firm so that clients can confirm the amount of any transferred customer collateral and positions with the receiving firm.
- Should I be closing out my open positions? How should I do this?
At this time, the Trustee is working with its regulators to determine an appropriate process for closing out open positions. Until a procedure has been put in place, we suggest you contact your financial advisor or see the Liquidation Order.
- Why was collateral held back?
The law requires that all commodities customers be treated fairly, and on a pro rata basis. Under applicable law and the Court’s order authorizing transfer, we can only distribute an amount
of collateral estimated with the relevant commodities exchanges, the CFTC and SIPC, that will not exceed the contemplated pro rata shares of each commodity
customer's claim to the amount of funds segregated for commodities customers and that makes provision for possible claims and other contingencies.
We have established an expedited claims process to accelerate this process and to enable us to make additional distributions as soon as possible.
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SECURITIES ACCOUNTS
- I want my securities or cash back. What should I do?
Should you believe that MF Global Inc. owes you cash or securities from your customer account, you should file a customer claim form. Information regarding securities customer claim forms and instructions may be found here
Claims will be reviewed promptly, and the Trustee's staff will communicate directly with claimants regarding questions related to their claims. Court approval of the claims process supports the Trustee's goal of returning as much customer property as possible, as quickly as possible, in a manner that is fair to all customers, and consistent with the law.
- What is the status of my securities account?
On December 9, Judge Glenn approved the Trustee's request for authority to sell and transfer approximately 318 active retail securities accounts, which is substantially all of the
securities accounts at MF Global Inc. Nearly all securities customers have received 60% or more of their account value and already 194 of former MF Global Inc. securities customers have received the entirety of their account balances because of a Securities Investor Protection Corporation guarantee.
- Can I cash a check made out by MF Global?
Whether or not you can cash a check depends on what the check was for. Generally, checks written by MF Global Inc. could not be cashed after October 31, 2011, because all of MF Global's bank accounts are frozen due to its bankruptcy. Former MF Global Inc. customers who hold checks that have been dishonored as a result of the liquidation of MF Global Inc. should receive a distribution as part of the third bulk transfer, which should result in these account holders receiving approximately 72% of their property. All individuals who believe they are owed assets from MF Global Inc. are strongly urged to file a claim through the claims process.
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THE TRUSTEE
- What is the Trustee's mission?
The Trustee's obligations under the law are to preserve assets and identify and marshal other assets to maximize the estate in a manner that is fair to all customers and other creditors of MF Global Inc. He has taken immediate steps to protect customers and set in place the process for an orderly and efficient liquidation of MF Global Inc.
The Trustee's team is working to get money back to customers as quickly as possible following the failure of MF Global Inc., and is facing several circumstances as it works toward that goal: there was no single purchaser for MF Global Inc.'s commodities or securities accounts, the books and records require further analysis and reconciliation, and there is an apparent shortfall of segregated customer property.
The Trustee's goal remains returning as much customer property as possible, as quickly as possible, in a manner that is fair to all customers and that is consistent with the law.
- Who is assisting the Trustee in his efforts?
The Trustee has assembled a professional staff consisting of experienced legal counsel, forensic accountants and other expert consultants with liquidation
experience. The Trustee's staff includes professionals from Hughes Hubbard & Reed, all of whom have broker dealer liquidation experience. They are overseeing and
supervising Deloitte consultants and Ernst & Young forensic investigative accountants and consultants, and a staff of former MF Global employees which is being reduced as
the liquidation progresses and the need for their services is less acute. This team shares vast experience in commodities brokers and stockbroker liquidations, forensic accounting, and technology consulting.
In addition, the Trustee's expert staff has also been working side-by-side with the SEC, SIPC, the CFTC, the CME, and other self-regulatory organizations and derivative clearing organizations. The staff of these organizations has been providing additional industry knowledge and assisting the Trustee in structuring and completing the bulk transfers. The Trustee has also welcomed suggestions and advice from other knowledgeable parties in the futures, options and commodity industries.
- What is the status of the Trustee's efforts to bring assets of former MF Global Inc. customers under his control?
The Trustee's has marshaled approximately $5.3 billion from US depositories. Assets located in foreign depositories for customers that traded in foreign futures are now under the control of foreign bankruptcy trustees, and while
the Trustee will pursue them vigorously, it has been his experience that recovery of these foreign assets may take more time.
- What is the status of the distributions to former MF Global Inc. customers?
Distributions to nearly all MF Global Inc. former retail commodities customers with US futures positions and securities customers were made within weeks of the
bankruptcy filing. The Trustee has returned approximately $3.9 billion in property from US depositories to former customers with US commodities positions in three bulk transfers since MF Global went into liquidation on October 31, 2011:
- First bulk transfer: By seeking Court approval on an emergency basis, the Trustee, in coordination with the CFTC, SIPC, and the CME and other exchanges, has transferred
customer accounts with open US futures positions, along with approximately $1.5 billion in collateral. This Court-authorized bulk transfer was the maximum relief available under the law and the circumstances, and it averts mandatory liquidation of the transferred positions under governing CFTC rules.
- Second bulk transfer: On November 17, Judge Martin Glenn approved the Trustee's request to allow the bulk transfer of 60% of the cash attributable to
commodities accounts holding only unencumbered cash, or cash equivalents, on October 31, 2011. The cash transfer totaled approximately $500 million.
- Third bulk transfer: On December 9, Judge Glenn approved the Trustee's expedited motion for a bulk transfer and
distribution of approximately $2 billion to former MF Global Inc. retail commodities customers with US futures positions, which should result in those
account holders receiving approximately 72% of their property.
- Securities accounts: On December 9, Judge Glenn approved the Trustee's request for authority to sell and transfer approximately 318 active retail securities
accounts, which is substantially all of the securities accounts at MF Global Inc.
Nearly all securities customers have received 60% or more of their account value and already 194 of former MF Global Inc. securities customers have received the entirety of their account balances because of a Securities Investor Protection Corporation guarantee.
- What is the status of the Trustee's investigation into the apparent deficiency in customer funds?
The Trustee, relying on the books and records of MF Global Inc., the investigation that has traced a majority of the cash transactions during the last week before the bankruptcy of MF Global Inc., and the claims process, currently believes there is at least a $1.6 billion gap between the value of the Trustee’s estimate of potentially allowable commodities claims and the assets that are currently under the Trustee’s control.
This reconfigured estimate is expected to change over time as claims are processed and assets recovered, and depending on claims reconciliation and the ultimate outcome of claims the Trustee may contest, the estimated deficiency may rise or fall in significant amounts.
The estimate applies to claims from commodities customers who traded on US exchanges, as well as commodities customers who traded on foreign exchanges, including approximately $700 million that the Trustee is disputing with the Joint Special Administrators of MF Global UK Limited.
While securities customers seeking to receive maximum protection under the Securities Investor Protection Act were asked to file claims by January 31st, the claim registration period for securities customers does not close until June 2, 2012. The gap between securities claims values and assets under the Trustee’s control cannot be accurately estimated at this time.
On February 6, 2012, the Trustee filed a preliminary report on the status of his investigation with the Bankruptcy Court. The report is
available here.
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THE SECURITIES INVESTOR PROTECTION CORPORATION
- What is SIPC?
The Securities Investor Protection Corporation, or SIPC, was created by Congress in 1970. When a brokerage firm is closed due to bankruptcy or other financial difficulties, SIPC steps in to work with the Trustee to, within certain limits, return customers' cash, stock and other securities as quickly as possible. SIPC may also provide cash advances within proscribed limits if needed to help satisfy customer claims.
Customers share pro rata in the funds held by the brokerage firm for securities customers. To the extent that distribution is less than 100%, SIPC may advance up to $500,000 for the valid claims of each securities customer, including up to $250,000 for claims for cash deposited for the purpose of purchasing securities. Assets held in or margin associated with commodities accounts are not eligible for SIPC protection.
SIPC is not the FDIC. SIPC is not intended to bail out investors when the value of their stocks, bonds and other investments falls for any reason. Instead it replaces missing stocks and other securities that may be missing where it is possible to do so.
For more information about SIPC, you can visit its website at www.sipc.org.
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