Prometheum Ember Capital is a SIPC Member and provides trading of Digital Asset Securities. Some of these Digital Assets Securities may only be securities by virtue of being “investment contracts”.
SIPC protects stocks, bonds, Treasury securities, certificates of deposit, mutual funds, money market mutual funds and certain other investments as “securities.” SIPC does not protect commodity futures contracts (unless held in a special portfolio margining account), or foreign exchange trades, or investment contracts (such as limited partnerships) and fixed annuity contracts that are not registered with the U.S. Securities and Exchange Commission under the Securities Act of 1933. Digital asset securities may not be protected under SIPA, and in particular, that digital asset securities that are unregistered investment contracts are excluded from SIPA’s definition of securities. 15 U.S.C. § 78lll(14). Therefore there will be no SIPC protection for Digital Assets Securities held by ProCap that are Investment Contracts that are not registered with the U.S. Securities and Exchange Commission under the Securities Act of 1933.If a firm closes, SIPC protects the securities and cash in a customer’s brokerage account up to $500,000. The $500,000 protection includes up to $250,000 protection for cash in the account.
SIPC protects customers if:
• The brokerage firm is a SIPC member.
• The customer has securities at the brokerage firm.
• The customer has cash at the brokerage firm on deposit in connection with the purchase or sale of a security.
SIPC protection is only available if the brokerage firm fails and SIPC steps in. SIPC does NOT protect:
• Investments if the firm is not a SIPC member.
• Market loss.
• Promises of investment performance.
• Commodities or futures contracts except under certain conditions.
SIPC does not protect market losses because market losses are a normal part of the ups and downs of the risk-oriented world of investing. Instead, in a liquidation, SIPC replaces the missing stock and other securities when it is possible to do so.