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Commodity Futures Trading Commission and a Member of NFA; (iv)a retail foreign exchange dealer registered with the U. For example, there may be times when something is so important that it should be said more than once. Simply put, when software is used to create virtual versions of hardware instead of using physical, tangible hardware components for some computing function, it is known as hardware virtualization. People is NOT a collective noun like team or staff. Subject and Verb Agreement with Collective Nouns. When slippage occurs, some FDMs immediately requote the customer the current price and require the customer to confirm that it still wants to place the order at the requoted price. Promotional material that contains hypothetical performance results will continue to be carefully scrutinized by NFA staff. We also recognize that practices other than those described in this Interpretive Notice may comply with the general standards for supervisory responsibilities imposed by Compliance Rules 2-9, 2-36 and 2-49.
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What are external hardware components? Similarly, a futures contract that was initially sold can be liquidated by an offsetting purchase. Wires collectively 7 little words on the page. The Forex Dealer Member and its financial principal must also conduct due diligence and consider analogous information when selecting an independent public accountant to certify the firm's annual financial statements. Burying the disclosure in the account opening documents is not sufficient. You should ask your broker about the bankruptcy protections available in the country where the foreign exchange (or other entity holding the funds) is located.
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The AP's activities on behalf of the IB consisted solely of soliciting clients to use his trading program. 2 Initial due diligence of an administrator may include the consideration of several factors including the administrator's costs, reputation, expertise, timeliness of work and attention to detail, responsiveness, work history with the firm or senior members of the firm, technological tools, income tax expertise and cybersecurity system. Performance bond – another way to describe margin payments for futures contracts, which are good faith deposits to ensure performance of a person's obligations under a futures contract rather than down payments for the underlying securities. In determining whether an individual responsible for preparing the Member's financial books and records is qualified, the firm and its financial principal should consider the following: - Is the individual qualified for the position by experience or training? 31886 (1977-1979 Transfer Binder) Comm. Security futures contracts traded on one regulated exchange might not be fungible with security futures contracts traded on another regulated exchange for a variety of reasons. If the customer is from one of the jurisdictions identified as having AML/CFT deficiencies, the FCM or IB should determine what, if any additional due diligence is necessary in deciding whether to open the account, and if the account is accepted, what if any additional monitoring of the account activity is appropriate. Firms that have been disciplined by NFA or the CFTC. Cable company seven little words. 1Since CTAs are not required to provide the disclosure statement for security futures products, the Member carrying the account must provide that statement to customers whose accounts are solicited by CTAs. Members that meet the criteria to adopt the enhanced supervisory requirements and receive either a full or partial waiver of their obligation to adopt those requirements are, nevertheless, deemed to be a Member that qualified for the requirements for the purposes of this Interpretive Notice. 03 for the sell orders must be distributed to the participating customers. One obvious conclusion to be drawn from this information is that each AP in a branch office must be paid directly by the Member.
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For customers subject to post-execution controls, the Member should have the ability to monitor trading promptly. A CTA must also analyze each trading program at least once a quarter to ensure that the allocation method has been fair and equitable (i. A firm may also want to examine whether there is a logical consistency between the customer's name, street address, ZIP code, telephone number, date of birth and social security number. To provide clear disclosure about the lack of NFA's regulatory oversight, any CPO or CTA Member engaging in any manner in activities with customers or counterparties involving underlying or spot virtual currencies other than those described in Sections II. Due to the nature and the frequency of the issues noted in the use of hypothetical performance, NFA's Board of Directors previously considered a complete ban on the presentation of hypothetical results in promotional material. Wires collectively 7 little words to say. 540, which includes an annual notice filing and verification requirement, are immune from civil liability for sharing information for the purpose of detecting, identifying, or reporting activities involving possible money laundering or terrorist activities. Moreover, FCMs and IBs that are registered as broker-dealers under the federal securities laws are subject to similar anti-money laundering requirements. A of this Interpretive Notice provides a detailed description of several areas that, to the extent applicable, must be addressed in a Member's written supervisory policies and procedures for branch offices and guaranteed IBs. In either example, the question arises of how the different prices of the contracts in the split or partial fill should be allocated among the accounts included in the bunched order. In almost all cases in which a Letter of Direction is used, the Member is not permitted to use any judgment when placing orders for the customer. The one-day gain or loss on a security futures contract is determined by calculating the difference between the current day's settlement price and the previous day's settlement price. Members should refer to NFA Interpretive Notice 9004 – NFA Compliance Rule 2-30: Customer Information and Risk Disclosure for additional guidance on the requirements of this section. The net additions and withdrawals in the account exceeded 10% of the beginning net nominal account value for the period for that individual account; 4.
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Obtaining evidence of a test of controls and security measures conducted at the administrator by an internal audit department or independent specialist. If, however, the amount indicated in the line is higher than the applicable NFA assessment fee, the customer must receive notice either on the statement or in a separate document of the actual amount of the NFA assessment fee. Example #3 - Highest Prices to the Highest Account Numbers. Current liabilities include, but are not limited to, accounts payable, accrued expenses, payroll liabilities, income tax liabilities, and interest payable. NFA will not accept requests to approve an affiliate or unregulated person under NFA Financial Requirements Sections 11(b) or 11(c) or CFTC Regulation 5. This unit must have sufficient authority; qualified personnel; and financial, operational and other resources to carry out the firm's Risk Management Program. NFA uses the information reported by FCMs and IBs in determining a firm's risk profile and to identify firms that may be facing financial difficulties. While general confidentiality language in release agreements is certainly permissible, NFA staff cautions Members against the use of settlement agreements which include language limiting or prohibiting a customer from providing information and cooperating with NFA. Use of Misleading Statements. NFA Members and Associates are not required to notify NFA that they have completed a training program. Hard disk drives are physical storage devices that store both permanent and temporary data in different formats, including programs, OSes, device files, photos, etc. Specify how electronic communications will be maintained and made available upon request by NFA and the CFTC. NFA's Executive Committee also became aware of these comments and asked the Committees to study the matter and make appropriate recommendations. Because it is a wasting asset, the purchaser of an options contract who neither liquidates the options contract in the secondary market nor exercises it at or prior to expiration will necessarily lose his or her entire investment in the options contract.
Compliance with Securities Laws. Changed; - (iii) For a pool that has been in operation for a full fiscal year, the compensation paid to all major CTAs for the most recent fiscal year. NFA will issue separate anti-money laundering program guidance for CPOs and CTAs, at such time as they become subject to the requirements of section 352. Conversely, a person who is short the contract must make delivery of the underlying shares in exchange for the final settlement price.