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35, which, among other things, imposes on futures commission merchants (FCMs) and introducing brokers (IBs) recordkeeping requirements for customer orders in commodity interests. The request should also indicate the duration of the request, not to exceed six months (law enforcement may issue a subsequent request for a longer duration). Get the daily 7 Little Words Answers straight into your inbox absolutely FREE! Musical conductor 7 little words. For example, the Member firm purchases leads from a provider that generates leads solely incidental to some other business purpose (e. g., a subscription list).

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6 The accounts can only be excluded when calculating ROR. Specifically, the FCM should disclose that by transferring excess funds from an FCM's customer regulated commodity accounts, the customer will not receive the preferential treatment afforded funds held in a customer regulated commodity account pursuant to Part 190 of the CFTC's Regulations and the U. The customer informed the AP that both he and his wife were in ill health and that one of the reasons for his interest in investing in commodity futures contracts was his limited health insurance coverage and a desire to earn enough money to pay for his medical expenses. 15 Further, a Member should ensure that a terminated service provider does not unnecessarily retain and, in appropriate circumstances, returns confidential information and data of the Member and its customers or counterparties. What is computer hardware. This means that most forms of mass media advertising cannot discuss past or projected performance. 7) The Trading Advisor will receive an incentive fee of 15% of Trading Profits exclusive of interest income. Corporate issuers occasionally may be involved in mergers and acquisitions. Open interest – the total number of open long (or short) contracts in a particular contract month.

The FDM must document all internal and external reviews and testing of the Risk Management Program including the date of the review or test; the results; any identified deficiencies; the corrective action taken; and the date the corrective action was taken. The components of current assets, current liabilities, total revenue, and total expenses should be based on the requirements of generally accepted accounting principles or another internationally recognized accounting standard, consistently applied. Branch offices of U. SDs are excluded from NFA's Swaps Proficiency Requirements. Recording of all conversations and maintaining electronic written communications with existing and potential customers. Members and Associates that do not make order routing decisions for retail orders on an order-by-order basis should, at a minimum, consider the above factors and the materiality of any differences among contracts traded on different markets when establishing their retail order-routing practices and perform a regular and rigorous review of those practices to ensure that their best execution obligation is fulfilled. Wires collectively 7 little words to eat. Agreements, contracts or other documents, including guarantee agreements, governing the relationship between the firm introducing the account and the FCM or FDM carrying the account, or between the trading advisor and either the firm introducing the account or the FCM or FDM carrying the account. An SD Member's written supervisory program must require individuals authorized to create or provide marketing materials to counterparties and the individuals authorized to review and approve marketing materials to be appropriately trained. EMPLOYEE TRAINING PROGRAM.

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In other words, if a customer elects on its own to transfer funds to a particular sweep account program that is not offered by the FCM, then the FCM does not have any disclosure obligations pursuant to this Notice. See Compliance Rule 1-1. The FDM should document the corrective action taken and a member of the firm's senior management should sign off on that report. Wires collectively 7 little words of wisdom. 410), fair and balanced communications (Compliance Rule 2-49 incorporating CFTC Regulation 23. Generally, the FDM must provide this notice at least seven calendar days before the liquidation.

28 FCMs and IBs that comply with 31 CFR 1010. Q: Would an FCM carrying an omnibus account ever be liable to NFA for the assessment fee on trades in the omnibus account? Post-Execution Controls. Moreover, PAMM leads to certain client accounts not being treated fairly and in a non-preferential manner. Therefore, each participant's allocation of those costs based on a minimum initial investment of $100, 000 and minimum total subscriptions of $5, 000, 000 will be $200. Member firms should bear in mind, though, that their supervisory obligations under Rule 2-9 and Rule 2-29 require them to diligently supervise their employees and agents who are responsible for creating and maintaining hyperlinks to web sites of third-party system developers; or establishing referral agreements with third-party system developers. Every Member should determine what information it will obtain from a prospective forex customer. Members should update any material information that has changed prior to entering into new transactions with current customers if failing to update the information would make it misleading.

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3If no master netting agreement exists, the SD must report at the transaction level. You should ask your broker which of these protections will apply to your funds. For example, promotional material may refer to a time when a particular commodity traded at a high price, suggest that a similar movement is imminent and project that a customer can expect to double, triple or quadruple their investments in a short period of time. These backup systems can include facilities for accepting orders by telephone. Of course, each Member remains responsible for compliance with all applicable CFTC Regulations and NFA Requirements. The Member does not have to impose pre-execution controls on all customers, however. 92-BCC-015 aff'd, NFA Case No. NFA Bylaw 1101 requires Members to make two determinations: whether it is doing business with an entity which is required to be registered, and if so, whether that person is a Member of NFA. If a prospective employee is required to complete CFTC Form 8-R (i. e., a new AP), the form should be carefully reviewed with the prospective employee to ensure that he/she provided all required information. 7 An account that was open for the entire reporting period and had open positions or trading activity during the reporting period cannot be excluded even if it has not yet caught up to the performance of the other accounts in the program (unless its net additions and withdrawals exceeded 10% of its beginning net nominal account value for the period). 4, an equity security represents a fractional ownership interest in the issuer of that security. NFA recognizes that in some cases a Member, due to its size or otherwise, may have little or no ability to negotiate and secure the inclusion of specific contractual terms, especially in agreements with industry service providers that support critical infrastructure. From time to time, upon application by a contract market or exempt commercial market, the Executive Committee may designate certain contracts as diminutive notional value ("DNV") contracts. The Member should review the customer's sophistication, credit-worthiness, objectives, and trading practices and strategies when determining whether to impose controls pre-execution or post-execution and deciding what levels to use when setting limits.

SD Member has failed to diligently supervise its employees and agents in the conduct of their swap activities for or on behalf of the Member, NFA may find that the SD Member has also violated NFA's supervision requirement under NFA Compliance Rule 2-9(d). Obligations of SDs and MSPs. First, any FCM, IB, CPO or CTA Member or Associate utilizing promotional material that presents hypothetical performance results must provide to customers the disclaimer contained in NFA Compliance Rule 2-29(c)(1). Customer A breaks even at $55 per share, and makes money at higher prices. The following definitions apply for the purpose of computing this ratio: Current Assets: Cash or any asset that can be readily converted to cash within one year.

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Additionally, subsections 16(b)(iii)(1), (c)(iii)(1) and (d)(iii)(1) require an FCM to utilize the daily segregated funds, secured amount funds and cleared swaps customer collateral calculations as of the close of business on the previous business day, respectively, to determine whether the FCM has made or intends to make disbursement(s) that exceeds or will exceed 25% of the FCM's residual interest in segregated funds, secured amount funds and cleared swaps customer collateral. As described more fully in Section II. Members should properly educate and train their employees and agents on the firm's policies regarding electronic communications - particularly on those communications that are not reviewed by supervisory personnel prior to use. Addressing a different concern, the Board of Directors also believes that hindsight analysis may be misleading as applied to the presentation of extracted performance in which an FCM, IB, CPO or CTA Member or Associate selects one component of its overall past trading results to highlight to customers. 8) In the above example, no incentive fee for the General Partner is included in the calculation. For regulatory purposes, the lessee is the counterparty to the customer's trades and the corresponding transactions with the lessor are separate transactions between the lessee and the lessor to hedge the lessee's customer obligations. 12 In situations where a foreign business or enterprise does not have an identification number, an FCM or IB must request alternative government issued documentation certifying the existence of the business or enterprise. YOUR POSITIONS AND ACCOUNT WILL BE ASSIGNED TO A FIRM THAT IS NOT A MEMBER OF NATIONAL FUTURES ASSOCIATION (NFA), IS NOT REGULATED BY NFA, AND IS NOT REQUIRED TO COMPLY WITH NFA's RULES. Members should implement supervisory procedures that are reasonably designed to ensure that any individual performing AP activities is registered as an AP and that AP activities are only performed from a main or branch office of a Member firm. If any changes are made to the client's trading program, nominal account size or the way in which cash additions, cash withdrawals or net performance affect nominal account size, a written confirmation describing these changes must be provided to or received from the client prior to the CTA placing any new trades for the client. 35 to require that, at or before the time the order is placed, the CTA must provide the FCM with information that identifies the accounts included in the bunched order and specifies the number of contracts to be allotted to each account, 2 (unless the order is done in accordance with the post-execution allocation of bunched order requirements)3. NFA recognizes that there may be circumstances that technically fall within one of the above events but is not the type of event that should require a CPO Member to notify NFA.

Similarly, a CTA receives a utility bill in March for services it has already received. Less: Trades of customers having "privileges of membership" on exchange where contract is executed||(_____)|. If a redemption fee is charged at the end of the first year of investment, it must be clearly shown, considered part of the total cost and reflected in the break-even analysis. 6) The Fund's Trading Advisor will be paid a monthly management fee of 1/12 of 2% of Allocated Net Assets, which is anticipated to be 90% of the Net Asset Value. You should thoroughly read and understand the customer agreement with your brokerage firm before entering into any transactions in security futures contracts. The interview or meeting may include other matters and may occur at a central or regional location or at the associated person's place of business. The funds must be available for transfer to the client's trading account (e. g., free credit balances that are not committed to another CTA's trading program); 3. The non-Member then sells the resulting leads to a Member firm, which then claims that it has no responsibility for the content of the advertisement. Hard disk drives are physical storage devices that store both permanent and temporary data in different formats, including programs, OSes, device files, photos, etc. Selling a contract that was previously purchased liquidates a futures position in exactly the same way that selling 100 shares of a particular stock liquidates an earlier purchase of the same stock. The system should also allow the Member to block subsequent orders, either in their entirety or by kind (e. g., to block orders that create a new position or increase an existing position but not orders that liquidate some or all of an existing position).

Thereafter, the system should be subject to periodic reviews by using an independent internal audit department, or a qualified outside party, or using other appropriate means. NFA's Business Conduct Committee has not hesitated to issue charges against Members engaging in such practices and will continue to pay close attention to promotional materials that display hypothetical results. Similarly, this Guidance provides that, depending on the status of the counterparty, certain non-U. 10 In assessing financial stability, a Member may want to consider, as appropriate, reviewing a potential service provider's financial statements, audit or examination (internal or third party) results, websites, public filings, insurance coverage, or references. To provide clear disclosure about the lack of NFA's regulatory oversight, any FCM or IB Member engaging in activities with customers or counterparties involving underlying or spot virtual currencies in any manner must provide the customer or counterparty with the following disclosure language: [NAME OF NFA MEMBER] IS A MEMBER OF NFA AND IS SUBJECT TO NFA'S REGULATORY OVERSIGHT AND EXAMINATIONS. SDs also have the option to allow designated APs who are responsible for supervising these APs to satisfy the Long Track or the Short Track.

Literally read, those regulations require procedures but do not contain an outright prohibition on trading ahead. Eligible guarantor futures commission merchants ("FCM"s) are those that meet the eligibility requirements for executing a Supplemental Guarantor Certification Statement pursuant to NFA Registration Rule 509(b)(5). The total commissions you pay will add to your losses and reduce your profits. A branch office or guaranteed IB's procedures for opening new accounts should specify that appropriate account documentation must be forwarded to the main office of the Member firm or the firm's guarantor. NFA Compliance Rule 2-29(a)(2) prohibits the use of high-pressure sales practices. This required margin deposit also is referred to as a "performance bond. As always, any FCM or FDM offering this type of funding mechanism should make sure that adequate risk disclosure is provided to a customer in light of the customer's financial circumstances. Customer B purchases an XYZ security futures contract (covering 100 shares of XYZ). For transactions with a counterparty with which the SD does not exchange collateral, the SD will be required to report disputes involving the portfolio valuation when the counterparty notifies the SD that it is disputing any reported valuation by the SD and the disputed amount exceeds the $20 million threshold (after the Resolution Period). Physical delivery – the tender and receipt of the actual security underlying the security futures contract in exchange for payment of the final settlement price. Based upon the movement in prices of the underlying security, a person who holds a position in a security futures contract can gain or lose many times his or her initial margin deposit. Members should also consider any other relevant information when deciding whether to authorize a customer to use a direct access system.

Any allocation agreement, however, must be clearly set forth in writing and any Member allocating anti-money laundering responsibilities to another Member must have a reasonable basis for believing that the other party is properly performing the required functions. NFA Compliance Rule 2-29 places certain limitations on the use of past or projected performance in communications with the public. It is also NFA's policy to set general standards rather than to require specific technology.

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