# MENKE CAPITAL CORPORATION X-17A-5 (2023-09-28) — Broker-dealer annual report - Company: MENKE CAPITAL CORPORATION - Form: X-17A-5 - Filed: 2023-09-28 - Period: 2023-08-31 - Accession: 0001736877-23-000001 - CIK: 1736877 - File #: 8-70105 - Type: Broker-dealer - Material weakness: No - Auditor: Spicer Jeffries LLP - Auditor location: Denver, CO - Contact: Tad Bull - Phone: 917.923.9649 - Email: tad.bull@rubiconconsultinggroup.com - Website: rubiconconsultinggroup.com - Signed by: Trevor Gilmore (Chief Financial Officer) Original filing: https://www.sec.gov/Archives/edgar/data/1736877/000173687723000001/23prmcc.pdf --- {0}------------------------------------------------ ### MENKE CAPITAL CORPORATION ### STATEMENT OF FINANCIAL CONDITION AUGUST 31, 2023 #### PUBLIC DOCUMENT This report is filed in accordance with Rule 17A-5(e) (3) under the Securities Exchange Act of 1934 as a public document. {1}------------------------------------------------ #### UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 OMB APPROVAL OMB Number: 3235-0123 Expires: Oct. 31, 2023 Estimated average burden hours per response: 12 # ANNUAL REPORTS FORM X-17A-5 PART III sec file number 8-70357 FACING PAGE Information Required Pursuant to Rules 17a-5, 17a-12, and 18a-7 under the Securities Exchange Act of 1934 | FILING FOR THE PERIOD BEGINNING 09/01/2022 | | AND ENDING 08/31/2023 | | | |--------------------------------------------|----------|-----------------------|----------|--| | | MM/DD/YY | | MM/DD/YY | | | A. REGISTRANT IDENTIFICATION | | | | | # NAME OF FIRM: Menke Capital Corporation TYPE OF REGISTRANT (check all applicable boxes): ■ Broker-dealer □ Check here if respondent is also an OTC derivatives dealer ADDRESS OF PRINCIPAL PLACE OF BUSINESS: (Do not use a P.O. box no.) | 714 Iris Avenue | | | | |-----------------|--|--|--| |-----------------|--|--|--| | | | (No. and Street) | | | |---------------------|--------------------------------------------------|------------------------------------------------------------|-----------------|--------------------------------------------| | | Corona Del Mar | CA | | 92625 | | | (City) | (State) | | (Zip Code) | | | PERSON TO CONTACT WITH REGARD TO THIS FILING | | | | | Tad Bull | | 917.923.9649
tad.bull@rubiconconsultinggroup.com | | | | (Name) | | (Area Code - Telephone Number) | (Email Address) | | | | | B. ACCOUNTANT IDENTIFICATION | | | | Spicer Jeffries LLP | | (Name - if individual, state last, first, and middle name) | | | | | 4601 DTC Boulevard, Suite 700 Denver | | CO | 80237 | | (Address) | | (City) | (State) | (Zip Code) | | 10-20-2003 | | | 349 | | | | (Date of Registration with PCAOB)(if applicable) | | | (PCAOB Registration Number, if applicable) | | | | FOR OFFICIAL USE ONLY | | | | | | | | | | | | | | | Claims for exemption from the requirement that the annual reports of an independent public accountant must be supported by a statement of facts and circumstances relied on as the basis of the exemption. See 17 CFR 240.17a-5(e)(1)(ii), if applicable. Persons who are to respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. {2}------------------------------------------------ #### OATH OR AFFIRMATION | Trevor Gilmore | | | swear (or affirm) that, to the best of my knowledge and belief, the | |-----------------------|--|----------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------| | | | financial report pertaining to the firm of Menke Capital Corporation | as of | | August 31 | | | . 2 023 __ , is true and correct. I further swear (or affirm) that neither the company nor any | | | | | partner, officer, director, or equivalent person, as the case may be, has any proprietary interest in any account classified solely | | as that of a customer | | | | ![](_page_2_Picture_2.jpeg) This filing \*\* contains (check all applicable boxes): - (a) Statement of financial condition. - (b) Notes to consolidated statement of financial condition. - □ (c) Statement of income (loss) or, if there is other comprehensive income in the period(s) presented, a statement of comprehensive income (as defined in § 210.1-02 of Regulation S-X). - O (d) Statement of cash flows. - [ (e) Statement of changes in stockholders' or partners' or sole proprietor's equity. - [ (f) Statement of changes in liabilities subordinated to claims of creditors. - [ (g) Notes to consolidated financial statements. - [ (h) Computation of net capital under 17 CFR 240.15c3-1 or 17 CFR 240.18a-1, as applicable. - [ (i) Computation of tangible net worth under 17 CFR 240.18a-2. - [j) Computation for determination of customer reserve requirements pursuant to Exhibit A to 17 CFR 240.15c3-3. - □ (k) Computation for determination of security-based swap reserve requirements pursuant to Exhibit B to 17 CFR 240.15c3-3 or Exhibit A to 17 CFR 240.18a-4, as applicable. - [1) Computation for Determination of PAB Requirements under Exhibit A to § 240.15c3-3. - O (m) Information relating to possession or control requirements for customers under 17 CFR 240.15c3-3. - □ (n) Information relating to possession or control requirements for security-based swap customers under 17 CFR 240.15c3-3(p)(2) or 17 CFR 240.18a-4, as applicable. - □ (o) Reconciliations, including appropriate explanations, of the FOCUS Report with computation of net capital or tangible net worth under 17 CFR 240.15c3-1, 17 CFR 240.18a-1, or 17 CFR 240.18a-2, as applicable, and the reserve requirements under 17 CFR 240.15c3-3 or 17 CFR 240.18a-4, as applicable, if material differences exist, or a statement that no material differences exist. - □ (p) Summary of financial data for subsidiaries not consolidated in the statement of financial condition. - (q) Oath or affirmation in accordance with 17 CFR 240.17a-5, 17 CFR 240.17a-12, or 17 CFR 240.18a-7, as applicable. - [ (r) Compliance report in accordance with 17 CFR 240.17a-5 or 17 CFR 240.18a-7, as applicable. - □ (s) Exemption report in accordance with 17 CFR 240.17a-5 or 17 CFR 240.18a-7, as applicable. - @ (t) Independent public accountant's report based on an examination of the statement of financial condition. - □ (u) Independent public accountant's report based on an examination of the financial statements under 17 CFR 240.17a-5, 17 CFR 240.18a-7, or 17 CFR 240.17a-12, as applicable. - □ (v) Independent public accountant's report based on an examination of certain statements in the compliance report under 17 CFR 240.17a-5 or 17 CFR 240.18a-7, as applicable. - □ (w) Independent public accountant's report based on a review of the exemption report under 17 CFR 240.17a-5 or 17 CFR 240.18a-7, as applicable. - □ (x) Supplemental reports on applying agreed-upon procedures, in accordance with 17 CFR 240.15c3-1e or 17 CFR 240.17a-12, as applicable. - □ (y) Report describing any material inadequacies found to exist or found to have existed since the date of the previous audit, or a statement that no material inadequacies exist, under 17 CFR 240.17a-12(k). - O (z) Other: Signature: Title: Chief Financial Officer SEE ATTACHED NOTARIAL CERTIFICATE \*\* To request confidential treatment of certain portions of this filing, see 17 CFR 240.17a-5(e)(3) or 17 CFR 240.18c-7(d)(2), as applicable. {3}------------------------------------------------ CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 CALIFORNIA VENECE PRODUCTIONERS CONSULTIONAL CONSECTION CONSECTION CONSECTION CONSECTION CONSECTED See Attached Document (Notary to cross out lines 1-6 below) See Statement Below (Lines 1-6 to be completed only by document signer(s), not Notary) Signature of Document Signer No. 2 (if any) Signature of Document Signer No. 1 A notary public or other officer completing this certificate verifies only the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Subscribed and sworn to (or affirmed) before me State of California County of OPANGE on this 277 day of SEPTEMBER 20 23 Month Year by PEVOR GILNORE (and (2)\_ Name(s) of Signer(s) ADRIANA PEREZ Notary Public - California Orange County proved to me on the basis of satisfactory eyidence Commission # 2405851 ay Comm. Expires May 26, 2026 to be the person(s) who appeared befor Signature Signature of Notary Public Seal Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Number of Pages: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ TER FREE CONSTITUTION CONSTITUTION CARACTOR CONSTITUTION CONSTITUTION CONSULTER AND CONSULTENT AND CONSTITUTION CONSTITUTION CONSTITUTION CONSULTION CONSULTION CONSULTION CON ©2014 National Notary Association · www.NationalNotary.org · 1-800-US NOTARY (1-800-876-6827) · Item #5910 {4}------------------------------------------------ ![](_page_4_Picture_0.jpeg) 4601 DTC BOULEVARD · SUITE 700 DENVER, COLORADO 80237 TELEPHONE: (303) 753-1959 FAX: (303) 753-0338 www.spicerjeffries.com ### REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM To the Board of Directors and Shareholder of Menke Capital Corporation #### Opinion on the Financial Statements We have audited the accompanying statement of financial condition of Menke Capital Corporation (the "Company") as of August 31, 2023, and the related notes to the statement of financial condition. In our opinion, the statement of financial condition presents fairly, in all material respects, the financial position of the Company as of August 31, 2023, in conformity with accounting principles generally accepted in the United States of America. #### Basis for Opinion This financial statement is the responsibility of the Company's management. Our responsibility is to express an opinion on the Company's financial statement based on our audit. We are a public accounting firm registered with the Public Company Accounting Oversight Board (United States) (PCAOB) and are required to be independent with respect to the Company in accordance with the U.S. federal securities laws and the applicable rules and regulations of the Securities and Exchange Commission and the PCAOB. We conducted our audit in accordance with the standards of the PCAOB. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statement is free of material misstatement, whether due to error or fraud. Our audit included performing procedures to assess the risks of material misstatement of the financial statement, whether due to error or fraud, and performing procedures that respond to those risks. Such procedures included examining, on a test basis, evidence regarding the amounts and disclosures in the financial statement. Our audit also included evaluating the accounting principles used and significant estimates made by management, as well as evaluating the overall presentation of the financial statement. We believe that our audit provides a reasonable basis for our opinion. We have served as the Company's auditor since 2020. Denver, Colorado September 20, 2023 ![](_page_4_Picture_12.jpeg) {5}------------------------------------------------ ### Menke Capital Corporation STATEMENT OF FINANCIAL CONDITION August 31, 2023 #### CURRENT ASSETS | Cash
Due from Related Party
Prepaid Expenses and Other Assets | S | 37,524
2,434
474 | |---------------------------------------------------------------------------------------------------------------------------------------------------------|---------|------------------------| | TOTAL ASSETS | ಲ್ಲಿ ಮಾ | 40,432 | | LIABILITIES AND SHAREHOLDER'S EQUITY | | | | Liabilities: | | | | Accounts Payable and Accrued Expenses | S | 622 | | TOTAL LIABILTITIES | S | 622 | | Commitment & Contingencies (Note 5) | | | | Shareholder's Equity: | | | | Common Stock - no par value: 100,000
shares authorized, 0 shares issued and outstanding
Additional Paid-in Capital
Retained Earnings (Deficit) | | 253,087
(213,277) | | Total Shareholder's Equity | | 39,810 | | TOTAL LIABILITIES & SHAREHOLDER'S EQUITY | ಕಿತ | 40,432 | See accompanying notes to statement of financial condition. {6}------------------------------------------------ ### Menke Capital Corporation Notes to Statement of Financial Condition August 31, 2023 ### 1. #### Description of Business Menke Capital Corporation (the "Company") was incorporated on April 2, 2018 in the State of California. In September 2019, the Company registered with the Securities and Exchange Commission ("SEC") as a fully disclosed securities broker-dealer pursuant to Section 15 (b) of the Securities Exchange Act of 1934. In May 2020, the Company became a member of the Financial Industry Regulatory Authority, Inc. ("FINRA"). The Company is subject to various governmental rules and regulations including the Net Capital Rule set forth in Rule 15c3-1 of the Securities Exchange Act of 1934. The Company is a wholly-owned subsidiary of The Menke Group, Inc. (the "Parent"). The Company's primary business consists of providing investment banking and buy and sell side M&A services related to the structuring and financing of ESOP buyout transactions. #### Cash Cash consists of cash in deposit accounts that the Company maintains at one institution, which at times may exceed federally insured limits. Accounts at the institution are insured by the Federal Deposit Insurance Corporation ("FDIC") up to \$250,000. The Company has not experienced any losses in such accounts. At August 31, 2023, the Company's cash balance did not exceed the FDIC insured limit. #### Basis of Presentation The financial statements of the company have been prepared using accounting principles generally accepted in the United States of America ("U.S. GAAP"). #### Revenue from Contracts with Customers In May 2014, the Financial Accounting Standards Board ("FASB") issued Accounting Standards Codification 606, Revenue from Contracts with Customers ("ASC 606"). The new accounting standard, along with its related amendments, replaces the current rules-based GAAP governing revenue recognition with a principles-based approach. Revenue from contracts with customers is recognized when, or as, the Company satisfies its performance obligations by transferring the promised services to the customers. A service is transferred to a customer when, or as, the customer obtains control of that service. A performance obligation may be satisfied over time or at a point in time. Revenue from a performance obligation satisfied over time is recognized by measuring progress in satisfying the performance obligation in a manner that depicts the transfer of the services to the customer. Revenue from a performance obligation satisfied at a point in time is recognized when it is {7}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`]HSFCO?NOHNJ?GAOBA[?@GEHDNE?GCBL a,"&%#(84.4\$"4%\*4\*1,#,5(bTcdcbT(84=)-;\$%.\*&\*%)(#4%4"\$(4\$%."4:4%,4\$%\*\*&\* %)(8\$:4\$%.0)%("\$0(5V&(80,5()-4"5 # =)%("\$0(e\$3\$%045 W%0)-4&5"40)#%&'4\*,;)%0)-;34(&)%)/(84"43\$(4\*;4"/)"-\$%04)93&#\$(&)%\$%\*V84%\$% ,%0)%\*&(&)%\$3"(();\$.-4%(4>&5(5 <84(&-&%#)/"4:4%,4"40)#%&(&)%-\$.\*&//4"/")-(84 (&-&%#)/0,5()-4";\$.-4%(5 f445"404&:4\*;"&)"()(840)-;34(&)%)/(84;4"/)"-\$%04 )93&#\$(&)%\$"4"40)"\*4\*\$5\*4/4""4\*"4:4%,4)%(845(\$(4-4%()//&%\$%0&\$30)%\*&(&)%,%(&35,08 (&-4V84%(84;4"/)"-\$%04)93&#\$(&)%&5-4( /)"0\$;&(\$3&'\$(&)%)%\$0)%("\$0(9.0)%("\$0(9\$5&5 <84"4V4"4%)0\$;&(\$3&'4\*0)%("\$0(0)5(5\$( # =)%("\$0(=)5(5 a&"40(&%0"4-4%(\$30)5(5())9(\$&%\$0)%("\$0()"/,3/&33\$0)%("\$0(\$"44:\$3,\$(4\*,%\*4"(840"&(4"&\$ 1,#,5(bTcdcb ## g54)/h5(&-\$(45 <84;"4;\$"\$(&)%)//&%\$%0&\$35(\$(4-4%(5&%\$00)"\*\$%04V&(8g + i112"4j,&"45-\$%\$#4-4%( ()-\$k445(&-\$(45\$%\*\$55,-;(&)%5(8\$(\$//40(\$-),%(5"4;)"(4\*&%(84/&%\$%0&\$35(\$(4-4%(5 \$%\*\$00)-;\$%.&%#%)(45 100)"\*&%#3.T\$0(,\$3\$-),%(5-\$.\*&//4"/")-45(&-\$(4\*\$-),%(5 #### l mn- <84=)-;\$%.&5&%03,\*4\*V&(8&(52\$"4%(&%\$0)%5)3&\*\$(4\*"4(,"%/)"/4\*4"\$3(\$>;,";)545T\$%\* 0)-9&%4\*(\$>"4(,"%5/)"5(\$(4\$%\*3)0\$3;,";)545 <84=)-;\$%.8\$5\$\*);(4\*1+gcdopcT W%0)-4<\$>456<);&0qd7\$%\*\$5\$"45,3(\*)45%)(\$33)0\$(4(840)%5)3&\*\$(4\*\$-),%()/0,""4%( \$%\*\*4/4""4\*(\$>4>;4%545()(84=)-;\$%. {8}------------------------------------------------ ### Menke Capital Corporation Notes to Statement of Financial Condition August 31, 2023 #### 2. Related Party Transactions The Company is party to an expense sharing agreement with the Parent under which the Company is responsible for a portion of indirect costs incurred in the provision of support services. The Company pays the Parent \$500 per month for rent and \$250 for technology related expenses. Due from Related Party represents expense paid by the Company on behalf of the Parent outstanding at August 31, 2023. #### 3. Indemnification The Company enters into contracts that contain a variety of indemnifications for which the maximum exposure is unknown. The Company has no current claims or losses pursuant such contracts. #### 4. Net Capital Requirements The Company is subject to the SEC Uniform Net Capital Rule (SEC Rule 15c3-1), which requires the maintenance of minimum net capital and requires that the ratio of aggregate indebtedness to net capital, both as defined, shall not exceed 15 to 1. At August 31, 2023, the Company had net capital of \$36,902, which was \$31,902 in excess of its required net capital of \$5,000. The Company's net capital ratio was .0169 to 1. #### 5. Litigation In the normal course of business, the Company may be a party to litigation and regulatory matters. As of August 31, 2023, the Company was not involved in any litigation. #### 6. The Company has generated no revenues and has recurring losses from operations. The Parent contributes capital, as necessary, so that the Company can meet its financial obligations. The Parent has currently evaluated the Company's ability to meet its obligations and has assessed that the Company will have sufficient cash to meet its obligations over the next year. {9}------------------------------------------------ ### Menke Capital Corporation Notes to Statement of Financial Condition August 31, 2023 #### 7. Subsequent Events The Company has performed an evaluation of subsequent events through the date the financial statements were issued. The evaluation did not result in any subsequent events that required disclosures and/or adjustments. Source: SEC EDGAR via Adviser Search (https://search.stillhousedata.com). Agents: see https://search.stillhousedata.com/llms.txt.