securities held as property of the debtor to the extent that the inability of the debtor to meet its obligations to customers for their net equity claims based on securities of the same class and series of an issuer is attributable to the debtor’s noncompliance with the requirements of section 78o(c)(3) of this title and the rules prescribed under such section;

resources provided through the use or realization of customers’ debit cash balances and other customer-related debit items as defined by the Commission by rule;

any cash or securities apportioned to customer property pursuant to section 78fff(d) of this title;

in the case of a portfolio margining account of a customer that is carried as a securities account pursuant to a portfolio margining program approved by the Commission, a futures contract or an option on a futures contract received, acquired, or held by or for the account of a debtor from or for such portfolio margining account, and the proceeds thereof; and

any other property of the debtor which, upon compliance with applicable laws, rules, and regulations, would have been set aside or held for the benefit of customers, unless the trustee determines that including such property within the meaning of such term would not significantly increase customer property.

if a petition under title 11 concerning the debtor was filed before such date, the term “filing date” means the date on which such petition was filed;

if the debtor is the subject of a proceeding pending in any court or before any agency of the United States or any State in which a receiver, trustee, or liquidator for such debtor has been appointed and such proceeding was commenced before the date on which such application was filed, the term “filing date” means the date on which such proceeding was commenced; or

if the debtor is the subject of a direct payment procedure or was the subject of a direct payment procedure discontinued by SIPC pursuant to section 78fff–4(f) of this title, the term “filing date” means the date on which notice of such direct payment procedure was published under section 78fff–4(b) of this title.

commissions earned in connection with transactions in securities effected for customers as agent (net of commissions paid to other brokers and dealers in connection with such transactions) and markups with respect to purchases or sales of securities as principal;

charges for executing or clearing transactions in securities for other brokers and dealers;

the net realized gain, if any, from principal transactions in securities in trading accounts;

the net profit, if any, from the management of or participation in the underwriting or distribution of securities;

interest earned on customers’ securities accounts;

fees for investment advisory services (except when rendered to one or more registered investment companies or insurance company separate accounts) or account supervision with respect to securities;

fees for the solicitation of proxies with respect to, or tenders or exchanges of, securities;

income from service charges or other surcharges with respect to securities;

except as otherwise provided by rule of the Commission, dividends and interest received on securities in investment accounts of the broker or dealer;

fees in connection with put, call, and other option transactions in securities;

commissions earned from transactions in (i) certificates of deposit, and (ii) Treasury bills, bankers acceptances, or commercial paper which have a maturity at the time of issuance of not exceeding nine months, exclusive of days of grace, or any renewal thereof, the maturity of which is likewise limited, except that SIPC shall by bylaw include in the aggregate of gross revenues only an appropriate percentage of such commissions based on SIPC’s loss experience with respect to such instruments over at least the preceding five years; and

fees and other income from such other categories of the securities business as SIPC shall provide by bylaw.