Title 17--COMMODITY AND SECURITIES EXCHANGES
Chapter I--COMMODITY FUTURES TRADING COMMISSION


Definitions Sec. 1.1 Fraud in or in connection with transactions in foreign currency subject to the Commodity Exchange Act. 1.2 Liability...


individual, association, partnership, corporation, or trust, within the scope of his employment or office, shall be deemed the act, omission, or failure of such...


individual, association, partnership, corporation, or trust, within the scope of his employment or office, shall be deemed the act, omission, or failure of such...
...


regulations in this Chapter I that requires a document to be signed by a customer of a futures commission merchant or introducing broker, a pool participant or a client of a...


regulations in this Chapter I that requires a document to be signed by a customer of a futures commission merchant or introducing broker, a pool participant or a client of a...
...


as a futures commission merchant or who files an application for registration as a futures commission merchant, and each person registered as an introducing broker or...


(1) Each futures commission merchant registered with the Commission pursuant to Section 4d of the Act, unless exempt pursuant to paragraph (d) of this section,...


required to be maintained by Sec. 1.14. (1) Each futures commission merchant registered with the Commission pursuant to Section 4d of the Act, unless exempt pursuant...


used in regard to financial statements and schedules, means a document in which an independent licensed or certified public accountant indicates the scope of the audit...


used in regard to financial statements and schedules, means a document in which an independent licensed or certified public accountant indicates the scope of the audit...
...


(a) No person shall be registered as a futures commission merchant or as an introducing broker under the Act unless, commencing on the date his application for...


or otherwise assume any financial responsibility for the fulfillment of, any commodity option except: (a) Commodity options traded on or subject to the rules of...


segregated as belonging to commodity or option customers. Such customer funds when deposited with any bank, trust company, clearing organization or another futures...


to, a futures commission merchant from any clearing organization or from any clearing member or from any member of a contract market incident to or resulting from any...


one commodity and/or option customer to purchase, margin, or settle the trades, contracts, or commodity options of, or to secure or extend the credit of, any person other than...


the Act and the provision in Sec. 1.20(c), which prohibit the commingling of customer funds with the funds of a futures commission merchant, shall not be construed to prevent...


(a) Money invested in obligations or stocks of any clearing organization or in memberships in or obligations of any contract market; or (b) money held by any clearing...


a futures commission merchant or a clearing organization may invest customer funds in the following instruments (permitted investments): (i) Obligations of the...


described in Sec. 1.25 shall separately account for such instruments and segregate such instruments as belonging to such commodity or option customers. Such...


invests customer funds of its clearing members' customers or option customers, shall keep a record showing the following: (1) The date on which such investments...


in Sec. 1.25 of this part shall include such instruments in segregated account records and reports at values which at no time exceed current market value, determined...


Sec. 1.25 shall not prevent the futures commission merchant or clearing organization so investing such funds from receiving and retaining as its own any increment or...


from lending its own funds to commodity or option customers on securities and property pledged by such commodity or option customers, or from repledging or selling...


shall be kept for a period of five years from the date thereof and shall be readily accessible during the first 2 years of the 5-year period. All such books and records...


day, on a currency-by-currency basis: (1) The total amount of customer funds on deposit in segregated accounts on behalf of commodity and option customers; ...


writing to each commodity customer and to each option customer and to each foreign futures and foreign options customer, as of the close of the last business day of each month or...


requirements of Sec. 1.31, a statement commonly known as a ``point balance,'' which accrues or brings to the official closing price, or settlement price fixed by the...


requirements of Sec. 1.31, a statement commonly known as a ``point balance,'' which accrues or brings to the official closing price, or settlement price fixed by the...
...


maintain, as provided in Sec. 1.31, a record of all securities and property received from customers or option customers in lieu of money to margin, purchase, guarantee,...


(a)(1) Each futures commission merchant, introducing broker, and member of a contract market shall keep a record in permanent form which shall show for each commodity futures or...


delivery, and of any commodity option, on or subject to the rules of a contract market shall be executed openly and competitively by open outcry or posting of bids and offers...


requirements. A member of a contract market who shall have in hand at the same time both buying and selling orders of different principals for the same commodity for...


shall, upon request, furnish or cause to be furnished to the Commission a true copy of any letter, circular, telegram, or report published or given general circulation by...


shall require the operators of warehouses, depositories and other similar entities whose receipts are deliverable in satisfaction of commodity futures contracts or options...


to purchases or sales which are for omnibus accounts, or where the customer has instructed otherwise, any futures commission merchant who, on or subject to the rules of...


the regulations. (a) Any person who wishes to avail himself of the provisions of Sec. 1.3(z)(3) of the regulations and to make purchases or sales of...


unfilled anticipated requirements under Sec. 1.3(z)(2) (i)(B) or (ii)(C) of the regulations. (a) Any person who wishes to avail himself of the provisions of...


center country. This term means Canada, France, Italy, Germany, Japan, and the United Kingdom. (2) Money center currency. This term means the currency of any money...


must adopt, and submit for Commission approval, rules prescribing minimum financial and related reporting requirements for all its members who are registered...


rule, regulation, and resolution, made or issued by it or by the governing board thereof or any committee thereof, which is in effect as of July 18, 1975, and which relates...


of these rules, any bylaw, rule, regulation, or resolution of a contract market that was submitted to the Secretary of Agriculture pursuant or Sec. 1.38(a) or Sec. 1.39(a)...


provided in 1.65, no futures commission merchant, or in the case of an introduced account no introducing broker, may open a commodity futures account for a customer, other than for...


the purchase or sale of a commodity for future delivery; and (2) Any contract, agreement or transaction subject to Commission regulation under sections 4c or 19 of...


option customer's account with a carrying futures commission merchant on a fully-disclosed basis: Provided, however, That an introducing broker which has entered into...


option position for another futures commission merchant or for a foreign broker on an omnibus basis must collect, and each futures commission merchant and foreign broker for...


(a) Definitions. For purposes of this section: (1) Self-regulatory organization means ``self-regulatory organization,'' as defined in Commission regulation 1.3(ee), and...


or partially dispositive decision, any notice of appeal filed concerning such decisions and such further documents as the [[Page 103]] Commission...


in effect, and enforce rules which have become effective pursuant to section 5a(a)(12)(A) of the Act and Sec. 1.41 and which provide that no person in or surrounding...


For purposes of this section: (1) Self-regulatory organization means a ``self-regulatory organization'' as defined in Commission regulation 1.3(ee) (Sec....


purposes of this section: (1) Self-regulatory organization means ``self-regulatory organization'' as defined in Sec. 1.3(ee), not including a ``clearing...


a customer account to another futures commission merchant or introducing broker other [[Page 108]] than at the request of the customer, a futures...


to the National Futures Association by April 26, 1993 a list of floor traders who were granted trading privileges on that contract market on or before April 26, 1993,...


(1) Final disciplinary action means any decision by or settlement with a contract market in a disciplinary matter which cannot be further appealed at the...


facility, separately accounted for and segregated. (a) A futures commission merchant shall not separately account for and segregate, in accordance with...


purposes of this section: (1) Disciplinary committee means any person or committee of persons, or any subcommittee thereof, that is authorized by a...


proceeding in any Federal district court for violation of the Act or any rule, regulation or order thereunder against any person who is subject to suit pursuant to...


unless otherwise noted. Source: 41 FR 9552, Mar. 5, 1976, unless otherwise noted. Pursuant to section 2(a)(10) of the Commodity Exchange Act, as...


materials of the Commission for all purposes including those authorized by 28 U.S.C. 1733(b) (relating to authenticated copies of agency documents used as evidence):...


with knowledge of its fraudulent character, or with wrongful or fraudulent intent, using, buying, procuring, selling or transferring to another any such paper is punishable...


processing by the National Futures Association; notification and duration of registration. 3.3 [Reserved] 3.4 Registration in one capacity...


(a) Except as otherwise provided in any rule, regulation or order of the Commission, the registration functions of the Commission set forth in subpart A, subpart B and subpart C...


provided in the Act or in any rule, regulation, or order of the Commission, each futures commission merchant, floor broker, floor trader, associated person,...


operators and leverage transaction merchants. (a) Application for registration. (1)(i) Except as provided in paragraph (a)(3) of this section, application...


registration as a floor broker or floor trader must be on Form 8-R, completed and filed with the National Futures Association in accordance with the instructions thereto. Each...


commodity pool operators and leverage transaction merchants. (a) Registration required. It shall be unlawful for any person to be associated with a...


Agricultural trade option merchant. ``Agricultural trade option merchant'' means any person [[Page 128]] that is in the business of soliciting, offering to enter...


to submit a fingerprint card may file, or cause to be filed, in lieu of such card: (1) A legible, accurate and complete photocopy of a fingerprint card which has been...


the Division of Clearing and Intermediary Oversight or Division of Enforcement or either Director's designee, or the National Futures Association may, at any time, give...


(a) The address of each registrant, applicant for registration and principal, as submitted on the application for registration (Form 7-R or Form 8-R) or as submitted...


merchant, commodity trading advisor, commodity pool operator, introducing broker, or leverage transaction merchant shall, in accordance with the instructions...


commodity pool operator, leverage transaction merchant, floor broker or floor trader may request that its registration be withdrawn in accordance with the requirements...


(a) Notwithstanding any other provision of these regulations and pursuant to the terms and conditions of this subpart: (1) The National Futures Association may grant...


of a notice by the Commission or the National Futures Association pursuant to Sec. 3.60 of this part that the applicant for registration may be found subject to...


any right to such registration. (b) Unless a temporary license has terminated pursuant to Sec. 3.42, a temporary license shall become a registration with the...


other provisions of these regulations, and pursuant to the terms and conditions of this subpart, the National Futures Association may grant a temporary license to...


obligations imposed on such registrants under the Act (in particular, section 14 thereof) and the rules, regulations and orders thereunder, an applicant for registration as...


of a notice by the National Futures Association that the applicant for registration may be found subject to a statutory disqualification from registration; ...


any right to such registration. (b) Unless a temporary license has terminated, a temporary license shall become a registration upon the earlier of: (1)...


For purposes of this subpart, service upon an applicant or registrant will be sufficient if mailed by registered mail or certified mail return receipt requested properly addressed...


the attention of the Commission that an applicant for initial registration in any capacity under the Act may be found subject to a statutory disqualification under sections...


(a) Notice. On the basis of information obtained by the Commission, the Commission may at any time serve notice upon a registrant in any capacity under the Act that: (1)...


(a) Notice. (1) On the basis of information obtained by the Commission, the Commission may at any time serve written notice upon a registrant in any capacity under the Act that: ...


section 8a(2)(E) of the Act, if respondeat superior is the sole basis upon which the registrant may be found subject to a...


sections 8a(2), 8a(3) and 8a(4) of the Act. (a) Notice. On the basis of information obtained by the Commission, the Commission may at any time give written notice to...


(a) In general. Except as otherwise provided by law or by these rules, for good cause shown, the Commission or an Administrative Law Judge before whom a...


any order issued pursuant to Sec. 3.60 of this part shall be served promptly upon the applicant or registrant, the Division of Clearing and Intermediary Oversight, the Division...


his sponsor or supervising floor broker may file a petition with the Proceedings Clerk and serve a copy of the petition on the Division of Enforcement to lift or...


notify the Commission under section 4k(5) of the Act of any facts regarding an associated person of the registrant or an applicant for registration as an associated...


notify the Commission under section 4k(5) of the Act of any facts regarding an associated person of the registrant or an applicant for registration as an associated...
...


Subpart A_General Provisions, Definitions and Exemptions Sec. 4.1 Requirements as to form. 4.2 Requirements as to filing. 4.3-4.4 [Reserved] 4.5 Exclusion for...


with the Commission under this part 4 must be filed with the Commission at its Washington, DC office (Att: Division of Clearing and Intermediary Oversight, CFTC, Three...


definition of the term ``commodity pool operator.'' (a) Subject to compliance with the provisions of this section, the following persons, and any principal or...


of the term ``commodity trading advisor.'' (a) Subject to compliance with the provisions of this section, the following persons, and any principal or...


of the term ``commodity trading advisor.'' (a) Subject to compliance with the provisions of this section, the following persons, and any principal or...
...


pools offered or sold in certain offerings exempt from registration under the Securities Act. (a) Notwithstanding paragraph (d) of Sec. 4.26 and subject to...


(a) Commodity interest means: (1) Any contract for the purchase or sale of a commodity for future delivery; and (2) Any contract, agreement...


section 4n(3)(B) of the Act shall not apply to any commodity pool operator or commodity trading advisor that is registered under the Act as such or that is exempt from...


general. (1) The Commission may exempt any person or any class or classes of persons from any provision of this part 4 if it finds that the exemption is not contrary to the...


This section is organized as follows: Paragraph (a) of this section specifies the criteria that must be met to qualify for exemption from registration under this...


This section is organized as follows: Paragraph (a) of this section specifies the criteria that must be met to qualify for exemption from registration under...


The provisions of section 4o of the Act shall apply to any person even though such person is exempt from registration under this part 4, and it shall continue to be unlawful for any...


any commodity pool operator, commodity trading advisor, principal thereof or person who solicits therefor to represent or imply in any manner whatsoever that such commodity...


paragraph (a)(2) of this section, a commodity pool operator must operate its pool as an entity cognizable as a legal entity separate from that of the pool operator. (2)...


to the provisions of paragraph (a)(2) of this section, each commodity pool operator registered or required to be registered under the Act must deliver or cause to be...


paragraph (a)(4) of this section, each commodity pool operator registered or required to be registered under the Act must periodically distribute to each participant in each...


required to be registered under the Act must make and keep the [[Page 186]] following books and records in an accurate, current and orderly manner at its...


herein, a Disclosure Document must include the following information. (a) Cautionary Statement. The following Cautionary Statement must be prominently displayed on...


performance information--(i) For pools. Unless otherwise specified, disclosure of the past performance of a pool must include the following information. Amounts shown must be...


Subject to paragraph (c) of this section, all information contained in the Disclosure Document and, where used, profile document, must be current as of the date of the...


solicit, accept or receive from an existing or prospective client funds, securities or other property in the trading advisor's name (or extend credit in lieu thereof)...


(a) Each commodity trading advisor registered or required to be registered under the Act must deliver or cause to be delivered to a prospective client a Disclosure...


Non-Institutional Customers. (a) A registered commodity trading advisor may enter trades on or subject to the rules of a registered derivatives transaction...


required to be registered under the Act must make and keep the following books and records in an accurate, current and orderly manner at its main business office and...


herein, a Disclosure Document must include the following information. (a) Cautionary Statement. The following Cautionary Statement must be prominently displayed on...


performance information. Unless otherwise [[Page 203]] specified, disclosure of the past performance of an account or trading program required under this...


to paragraph (c) of this section, all information contained in the Disclosure Document must be current as of the date of the Document; Provided, however, that...


the principals thereof. (a) No commodity pool operator, commodity trading advisor, or any principal thereof, may advertise in a manner which: (1) Employs...


Provisions Sec. 7.1 Scope of rules. Subpart B [Reserved] 7.100-7.101 [Reserved] Subpart C_Board of Trade of the City of...


grievances. The Arbitration Committee and Mixed Panels constituted pursuant to Regulation 620.02 have jurisdiction to arbitrate all customers' claims and grievances against...


Subpart A_General Provisions Sec. 8.01 Scope of rules. 8.02 Implementing exchange rules. 8.03 Definitions. ...


exchange shall submit to the Commission for its approval rules implementing the following regulations: Sec. Sec. 8.11, 8.13, 8.15, 8.17, 8.18 and 8.20 of subpart B and Sec. Sec....


part: (a) Board of appeals means that body provided for in Sec. 8.19. (b) Charge or charges means any charge or charges contained in the notice of charges. ...


shall establish an adequate enforcement staff which shall be authorized by the exchange to initiate and conduct investigations, to prepare reports incident to...


establish and maintain a disciplinary procedure which requires the enforcement staff of the exchange to conduct investigations of possible rule violations within...


enforcement staff shall submit a written investigation report to the disciplinary committee of the exchange in every instance in which the enforcement staff has determined...


shall establish one or more disciplinary committees which shall be authorized by the exchange to determine whether violations have been committed, to accept offers of...


The disciplinary committee shall promptly review each investigation report. In the event the disciplinary committee determines that additional investigation or evidence is needed,...


adopt rules which set specific maximum penalties for particular violations. If the rules of an exchange establish predetermined penalties, the disciplinary committee shall...


charges shall: (a) State the acts, practices, or conduct in which the person is alleged to have engaged; (b) State the rule alleged to have been violated (or about to...


being served with a notice of charges the respondent shall have the right to be represented by legal counsel [[Page 212]] or any other representative of his choosing...


be given a reasonable period of time to file an answer to the charges. The rules of an exchange may provide that: (a) The answer must be in writing and include a...


(a) The rules of an exchange may provide that if the respondent admits or fails to deny any of the charges the disciplinary committee may find that the rule violation alleged...


In every instance where the respondent has requested a hearing on a charge which is denied, or on a penalty set by the disciplinary committee under Sec. 8.14(a)(2), he shall...


of an exchange may permit a respondent to submit a written offer of settlement to the disciplinary committee at any time after the investigation report is completed....


shall apply to any hearing required by this subpart: (1) The hearing shall be fair and shall be conducted before members of the disciplinary committee....


hearing conducted in accordance with Sec. 8.17, the disciplinary committee shall render a written decision based upon the weight of the evidence contained in the record of...


permit a respondent to appeal promptly an adverse decision of a disciplinary committee in all or in certain classes of cases. Such rules may require a respondent's notice of...


[Code of Federal Regulations] [Title 17, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 17CFR8.20] [Page 214] TITLE 17--COMMODITY AND SECURITIES EXCHANGES CHAPTER I--COMMODITY FUTURES TRADING COMMISSION PART 8_EXCHANGE PROCEDURES FOR DISCIPLINARY, SUMMARY, AND MEMBERSHIP DENIAL ACTIONS--Table of Contents Subpart B_Disciplinary Procedure Sec. 8.20 Final decision. Each exchange shall establish rules setting forth when a decision rendered pursuant to this subpart B shall become the final decision of such exchange. ...


An exchange may suspend at any time, or take other summary action against, a person subject to its jurisdiction upon a reasonable belief that such immediate action is necessary...


An action pursuant to Sec. 8.25 shall be taken in accordance with an exchange procedure which provides for the following: (a) The respondent shall, whenever...


records or other similar activities. An exchange may adopt rules which permit the enforcement staff or a designated committee of officials to summarily impose...


[Code of Federal Regulations] [Title 17, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 17CFR8.28] [Page 215] TITLE 17--COMMODITY AND SECURITIES EXCHANGES CHAPTER I--COMMODITY FUTURES TRADING COMMISSION PART 8_EXCHANGE PROCEDURES FOR DISCIPLINARY, SUMMARY, AND MEMBERSHIP DENIAL ACTIONS--Table of Contents Subpart C_Summary Actions Sec. 8.28 Final decision. Each exchange shall establish rules setting forth when a decision rendered pursuant to this subpart C shall become the final decision of such exchange. ...


Subpart A_General Provisions Sec. 9.1 Scope of rules. 9.2 Definitions. 9.3 Provisions referenced. 9.4 Filing and service;...


of this part: (a) Access denial action means any proceeding other than a disciplinary action by an exchange that denies or limits the privileges of membership,...


Except as otherwise provided in this part, the following provisions of the Commission's rules relating to reparations contained in part 12 of this chapter apply to this part: Sec....


(a) Filing with the Proceedings Clerk; proof of filing; proof of service. Any document that is required by this part to be filed with the Proceedings Clerk must...


application for a form of relief not otherwise specifically provided for in this part must be made by a written motion, filed with the Proceedings Clerk. The motion must state...


In the event that any party fails to file any document or make any appearance which is required under this part, the Commission may, in its discretion, and upon its own...


there has been a final determination by the Commission with respect to any notice of appeal filed in accordance with Sec. 9.20, the parties may file a stipulation for...


(a) Practice--(1) By non-attorneys. An individual may appear pro se (on his own behalf); a general partner may represent the partnership; a bona fide officer of a...


(a) Standards for waiver; notice to parties. To prevent undue hardship on any party or for other good cause shown the Commission may waive any rule in this part...


Denial Action Sec. 9.11 Form, contents and delivery of notice of disciplinary or access denial action. (a) When required. Whenever an exchange decision pursuant...


Denial Action Sec. 9.12 Effective date of disciplinary or access denial action. (a) Effective date. Any disciplinary or access denial action taken by an exchange...


Denial Action Sec. 9.13 Publication of notice. Whenever an exchange suspends, expels or otherwise disciplines, or denies any person access to the exchange, it...


(a) Time to file. Except as provided in Sec. 9.1(b), any person who is the subject of disciplinary or access denial action by an exchange or any person who is...


(a) Filing of record. Within thirty days after service of the notice of appeal, the exchange must file two copies of the record of the exchange proceeding...


(a) Time to file. Any person who has filed a notice of appeal in accordance with the provisions of Sec. 9.20 must perfect the appeal by filing an appeal brief with...


(a) Time for filing answering brief. Within thirty days after service of the appeal brief, the exchange must file with the Commission an answering brief. (b) Contents...


review. (a) Time to file. (1) Within ten days after the notice of the disciplinary or access denial action has been delivered in accordance with Sec. 9.11 to...


interested persons. On its own motion or upon motion of any person asserting a direct and substantial interest in the outcome of a proceeding conducted under this...


Within twenty days after receipt of the answering brief, the Division of Market Oversight and/or the Division of Clearing and Intermediary Oversight may...


Adverse Action Sec. 9.30 Scope of review. On review, the Commission may, in its discretion, consider sua sponte any issues arising from the record before it...


Adverse Action Sec. 9.31 Commission review of disciplinary or access denial action on its own motion. (a) Request for additional information. Where a person...


Adverse Action Sec. 9.32 Oral argument. (a) On motion of Commission. On its own motion, the Commission may, in its discretion, hear oral argument by the parties any...


Adverse Action Sec. 9.33 Final decision by the Commission. (a) Opinion and order. Upon review, the Commission may affirm, modify, set aside, or remand for...


Scope and applicability of rules of practice. 10.2 Definitions. 10.3 Suspension, amendment, revocation and waiver of rules. 10.4 Business...


amended, 7 U.S.C. 1, et seq.; (b) Adjudicatory proceeding means a judicial-type proceeding leading to the formulation of a final order; (c) Administrative Law Judge...


suspended, amended or revoked in whole or in part. Notice of such action will be published in the Federal Register. (b) In the interest of expediting decision or to...


Street NW., Washington, DC 20581. It is open each day, except Saturdays, Sundays and legal public holidays from 8:15 a.m. to 4:45 p.m., eastern standard time or...


Commission or the Presiding Officer, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the...


cause shown the Commission or the Presiding Officer before whom a matter is then pending, on their own motion or the motion of a party, at any time may extend or shorten...


the date of entry shall be the date the order is served by the Proceedings Clerk. [41 FR 2511, Jan. 16, 1976, as amended at 60 FR 54801, Oct....


scope of this part shall be assigned to an Administrative Law Judge for hearing. If the Commission determines that a proceeding within the scope of this subpart shall be...


the supervision or direction of any officer, employee, or agent of the Commission engaged in the performance of investigative or prosecutorial functions for the Commission. ...


employee means employees of the Commission who are or may reasonably be expected to be involved in the decisionmaking process in any proceeding, including, but not...


appear pro se (in his own behalf), a member of a partnership may represent the partnership, a bona fide officer of a corporation, trust or association may represent...


a proceeding--(1) Number of copies; when required. Two copies of all pleadings subsequent to the complaint, all motions, petitions or applications made in the course of...


[Code of Federal Regulations] [Title 17, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 17CFR10.21] [Page 234] TITLE 17--COMMODITY AND SECURITIES EXCHANGES CHAPTER I--COMMODITY FUTURES TRADING COMMISSION PART 10_RULES OF PRACTICE--Table of Contents Subpart B_Institution of Adjudica- tory Proceedings; Pleadings; Motions Sec. 10.21 Commencement of the proceeding. An adjudicatory proceeding is commenced when a complaint and notice of hearing is filed with the Office of Proceedings. [63 FR 55791, Oct. 19, 1998; 63 FR 68829, Dec. 14, 1998] ...


hearing shall include: (1) The legal authority and jurisdiction under which the hearing is held; (2) The matters of fact and law to be considered and...


hearing as set forth in Sec. 10.22 of these rules, unless otherwise specified in the notice of hearing, each respondent shall file an answer with the Proceedings Clerk...


Commission may, at any time, amend the complaint and notice of hearing in any proceeding. If the Commission so amends the complaint and notice of hearing, the...


[Code of Federal Regulations] [Title 17, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 17CFR10.25] [Page 235] TITLE 17--COMMODITY AND SECURITIES EXCHANGES CHAPTER I--COMMODITY FUTURES TRADING COMMISSION PART 10_RULES OF PRACTICE--Table of Contents Subpart B_Institution of Adjudica- tory Proceedings; Pleadings; Motions Sec. 10.25 Form of pleadings. All averments of claim and defense shall be made in consecutively numbered paragraphs. The contents of each paragraph shall be limited as far as practicable to a single set of circumstances. ...


relief not otherwise specifically provided for in these rules shall be made by motion, filed with the Proceedings Clerk, which shall be in writing unless made on the...


each respondent named in the complaint and each person permitted to intervene pursuant to Sec. 10.33 of these rules. A respondent shall cease to be a party or...


[Code of Federal Regulations] [Title 17, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 17CFR10.32] [Page 236] TITLE 17--COMMODITY AND SECURITIES EXCHANGES CHAPTER I--COMMODITY FUTURES TRADING COMMISSION PART 10_RULES OF PRACTICE--Table of Contents Subpart C_Parties and Limited Participation Sec. 10.32 Substitution of parties. Upon motion and for good cause shown the Administrative Law Judge may order a substitution of parties. ...


be affected substantially by the matters to be considered in a proceeding may petition the Administrative Law Judge for leave to intervene as a party in the proceeding...


the Administrative Law Judge, be given leave to be heard in any proceeding as to any matter affecting his interests. Petitions for leave to be heard shall be in...


Judge be permitted to file a memorandum or make an oral statement of his views, and the Administrative Law Judge may, in his [[Page 237]] discretion, accept for...


matters within the scope of Sec. 10.33, Sec. 10.34 or Sec. 10.35 may be sought in accordance with the procedures set forth in Sec. 10.101 of these rules without certification by...


In any proceeding the Administrative Law Judge may direct that one or more conferences be held for the purpose of: (a) Clarifying issues; (b)...


In general. Unless otherwise ordered by an Administrative Law Judge, the parties to a proceeding shall furnish to all other parties to the proceeding on or before a...


by stipulation in writing at any stage of the proceeding, or orally made at hearing, agree upon any pertinent facts in the proceeding. It is desirable that the facts be thus...


(a) When permitted. If it appears that: (1) A prospective witness will be unable to attend or testify at a hearing on the basis of age, illness, infirmity, imprisonment or...


which shall be fixed with due regard for the public interest and the convenience and necessity of the parties and their representatives. (b) Requests for change....


their choosing, subject to the provisions of Sec. 10.11 of these rules and part 14 of this chapter, dealing with appearance and practice before the Commission. ...


law or fact may be joined for hearing of any or all the matters in issue or may be consolidated by order of the Administrative Law Judge. The Administrative Law Judge...


affected witness the Administrative Law Judge may direct that specific documents or testimony be received and retained non- publicly in order to prevent unwarranted disclosure of...


be recorded and transcribed in written form under the supervision of the Administrative Law Judge by a reporter employed by the Commission for that purpose. The...


shall be held at one place and shall continue, without suspension, until concluded. [[Page 244]] (b) Rights of parties. Every party shall...


immaterial, unreliable and unduly repetitious evidence shall be excluded. (b) Official notice. (1) Official notice may be taken of (i) Any material fact which...


subpoena ad testificandum. Any party may apply to the Administrative Law Judge for the issuance of a subpoena requiring a person to appear and testify (subpoena ad testificandum)...


adduce additional evidence at any time prior to issuance of the initial decision. The petition shall show that the evidence sought to be adduced is relevant and material and that...


hearing, the reporter shall transmit to the Proceedings Clerk the transcript of the testimony and the exhibits introduced in evidence at the hearing, except such portions of...


an opportunity for hearing, the parties may file written proposed findings of fact and conclusions of law. Briefs may be filed in support of proposed findings and...


the parties any time before he files his initial decision with the Proceedings Clerk. The argument shall be recorded and transcribed in written form. [41 FR...


Judge shall make an initial decision in any proceeding in which a hearing is required to be conducted in conformity with the requirements of the Administrative Procedure Act,...


is no genuine issue of material fact to be determined and that he is entitled to a decision as a matter of law may move for a summary disposition in his favor of all or any...


a full oral hearing, the Administrative Law Judge may order a shortened procedure as to the submission of direct evidence may be ordered in a proceeding. An order for...


Sec. 10.23 of these rules or (b) failed to appear or file a notice of appearance as provided in Sec. 10.62 of these rules or (c) failed to file a statement under the...


appropriate, (a) the Commission may at any time set aside a default order obtained under Sec. 10.93; and (b) the Administrative Law Judge may set aside a default order...


motion by an Administrative Law Judge may be sought in accordance with the following procedures: (a) Scope of review. The Commission will not review a ruling of...


a proceeding may appeal to the Commission an initial decision or a dismissal or other final disposition of the proceeding by the Administrative Law Judge as to any party....


Clerk a request in writing for the opportunity to present oral argument before the Commission, which the Commission may in its discretion grant or deny. A request...


the whole record on review, and base its determination thereon. However, it may limit the issues to those presented in the statement of issues in the brief. ...


30 days after the initial decision has been served on all parties, direct review of any initial decision of an Administrative Law Judge. The Commission shall determine...


after service of a Commission opinion and order any party may file with the Commission a petition for reconsideration of the opinion and order, setting forth the relief...


Commission may, upon its own motion or upon application in writing by any party, after notice to the parties and an opportunity for them to be heard, reopen the hearing...


of the proceeding propose offers of settlement. All offers of settlement shall be in writing. (b) Content of offer of settlement. Each offer of settlement made by...


Commission hereby delegates, until such time as it orders otherwise, the following function to the General Counsel, to be performed by him or by such person or persons under...


(a) Appropriateness of restitution as a remedy. In any proceeding in which an order requiring restitution may be entered, the Administrative Law Judge...


such time as any order requiring restitution becomes effective (i.e., becomes final and is not stayed), the Division of Enforcement shall petition the Commission for an...


the Commission or the Administrative Law Judge, as applicable, shall establish in writing a procedure for identifying and notifying individual persons who may be entitled...


directing or authorizing the distribution of funds paid as restitution to individual customers shall be considered a final order for appeal purposes to be subject to...


10.111 through 10.113 may be initiated prior to the issuance of the initial decision of the Administrative Law Judge and may be combined with the hearing in the...


of investigations. 11.4 Subpoenas. 11.5 Transcripts. 11.6 Oath; false statements. 11.7 Rights of witnesses. 11.8 Sequestration. Appendix A...


his authority and under his direction may conduct such investigations as he deems appropriate to determine whether any persons have violated, are violating, or are about...


to subpoena, and all investigative proceedings shall be treated as non-public by the Commission and its staff except to the extent that (a) the Commission directs...


authorized to issue subpoenas in the course of a particular investigation may issue a subpoena directing the person named therein to appear before a designated person at...


reporter or other person or by other means authorized by the Commission or by a member of the Commission or its staff conducting the investigation for...


a witness may be taken under oath. (b) Penalties for false statements and other false information. Any person making false statements under oath during the course of...


documentary evidence or testimony in an investigation shall, upon his request, be permitted to examine a copy of the Commission's order pursuant to which the subpoena...


during the examination of any other witness unless otherwise permitted in the discretion of the person conducting the investigation. (b) Sequestration of counsel. When...


Information and Preliminary Consideration of Pleadings Sec. 12.1 Scope and applicability of rules of practice relating to ...


Exchange Act, as amended, 7 U.S.C. 1, et seq.; Administrative Law Judge means an administrative law judge appointed pursuant to the provisions of 5 U.S.C. 3105; ...


located at Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581. It is open each day, except Saturdays, Sundays, and legal public holidays, from 8:15 a.m....


change of rules. These rules may, from time to time, be suspended, amended or revoked in whole or in part. Notice of such action will be published in the Federal...


time prescribed by these rules or allowed by the Commission, the Director of the Office of Proceedings, a Judgment Officer, or an Administrative Law Judge, the day of the...


as otherwise provided by law or by these rules, for good cause shown, the Commission, or a Judgment Officer, Administrative Law Judge, or the Director of the Office...


ex parte communications. (1) No interested person outside the Commission shall make or knowingly cause to be made to any Commissioner, Administrative Law Judge,...


Judge will not be responsible to or subject to the supervision or direction of any officer, employee, or agent of the Commission engaged in the performance of...


individual may appear pro se (on his own behalf); a general partner may represent the partnership; a bona fide officer of a corporation, trust or association may...


of copies. One copy of all motions, petitions or applications made in the course of a proceeding (unless made orally during a hearing), all proposed findings...


(a) Number of copies. Unless otherwise specifically provided, an original and one conformed copy of all documents shall be filed with the Proceedings...


be signed personally: (1) By the person or persons on whose behalf they are tendered for filing; (2) By a general partner, officer or director of a...


complaining of a violation of any provision of the Act or a rule, regulation or order of the Commission thereunder by any person who is a registrant (as defined in Sec....


the complainant pursuant to Sec. 12.15(a) of the Director of the Office of Proceedings' determination to forward the complaint to a registrant, complainant may file...


If, in the opinion of the Director of the Office of Proceedings, the facts set forth in a complaint warrant such action as to any of the registrants, a copy of...


been served by the Office of Proceedings on the registrant, or within such additional time (not to exceed 10 days absent extraordinary circumstances) as the Director of the...


by paying to the complainant either the amount to which the complainant claims to be entitled as set forth in the complaint or such other amount as the complainant...


12.16 of these rules shall meet the following requirements: (a) Content. Each answer shall contain: (1) The full name, current address and telephone number...


answer to a complaint, set forth [[Page 274]] as a counterclaim: (a) Facts alleging a violation and a request for a reparation award that would be a proper subject...


to counterclaim. If an answer asserts a counterclaim, the complainant shall, within thirty (30) days after service upon him of the answer by the respondent: (1) Satisfy...


Office of Proceedings has served notification to the parties pursuant to Sec. 12.15 of these rules of his determination to forward the complaint to the respondent for a...


timely to respond to a complaint or a counterclaim, as required by Sec. Sec. 12.16 and 12.20 of these rules, or, if applicable, to pay a filing fee required by...


to prevent injustice or for good cause shown, and on such conditions as may be appropriate, a non- final default order (including any award therein) may be set aside by...


section, a parallel proceeding shall include: (1) An arbitration proceeding or civil court proceeding, involving one or more of the respondents as a party, which is pending...


complainant who, in the complaint, has elected the voluntary decisional procedure shall, at the time of filing the complaint, pay a filing fee of $50.00; (2) A complainant...


voluntary decisional proceeding. Where complainant and respondent in the complaint and answer have elected the voluntary decisional procedure pursuant to subpart C of these rules...


the Office of Proceedings should determine not to proceed in a manner set forth in Sec. 12.26 (a), (b), or (c), consideration of the complaint and the answer (and reply, if any)...


in accordance with the procedures and limitations set forth in the section indicated: (1) Production of documents or other items (Sec. 12.31); ...


prescribed in Sec. 12.30(d) and subject to the limitations in Sec. 12.30(a), may serve on any other party, a notice to produce copies of specifically designated categories...


Sec. 12.30(d), may serve on any other party or any officer or agent of a party a notice of the taking of a deposition on written interrogatories. (b) Number. The number...


Sec. 12.30(d) of these rules, serve upon any other party a written request for admissions of the truth of any matters set forth in the request that relate to statements or...


apply only to summary decisional proceedings and formal decisional proceedings commenced pursuant to Sec. 12.26 (b) and (c). This rule does not apply to a voluntary...


comply with an order compelling discovery, or an order issued pursuant to Sec. 12.34, the official assigned to render the decision in the case may, upon motion by a party or on his...


comply with a discovery order issued pursuant to Sec. Sec. 12.31 and 12.32, may be made, in writing, by any party without notice to other parties, and may be...


forth in this subpart are applicable only to proceedings forwarded pursuant to Sec. 12.26(a) of the Reparation Rules. The rules of subpart B permitting discovery are...


shall be responsible for the fair and orderly conduct of the proceeding and shall have the authority: (a) To rule upon discovery-related motions, and to issue...


Judgment Officer may withdraw from a voluntary decisional proceeding when he considers himself to be disqualified on the grounds of personal bias, conflict of interest, or...


provided in these rules, all documents filed in a voluntary decisional proceeding, including (but not limited to) amended or supplemental pleadings, motions,...


At any time prior to the issuance of the final decision, the parties may, by unanimous express written consent, amend or supplement the pleadings....


support of the complaint and in support of the respondent's answer (including counterclaims, if any), and any reply thereto, may be found in those verified documents, in...


all submissions of proof have been received, the Judgment Officer shall make the final decision. Upon its issuance, the final decision shall forthwith be filed with...


subpart are applicable only to proceedings forwarded pursuant to Sec. 12.26(b) of the Reparation Rules. The rules in subpart B permitting discovery are applicable in a...


Officer shall be responsible for the fair and orderly conduct of the proceeding and shall have the authority: (a) In his discretion, to conduct pre-decision conferences...


Judgment Officer may withdraw from a summary decisional proceeding when he considers himself to be disqualified on the grounds of personal bias, conflict of interest, or...


provided in these rules, all documents filed in a summary decisional proceeding, including (but not limited to) amended or supplemental pleadings, motions,...


any time before the parties have concluded their submission of proof, the Judgment Officer may allow amendments of the pleadings either upon written consent of the parties,...


for in subpart D of these rules, other than discovery-related motions and motions for extensions of time and similar procedural orders, shall not be allowed....


has been commenced pursuant to Sec. 12.26(b), the Judgment Officer may, in his discretion, conduct one or more pre-decision conferences to be held in Washington, DC or...


believes that there is no genuine issue of material fact to be determined and that he is entitled to a decision as a matter of law concerning all issues of liability in...


and serve verified statements of fact and affidavits of non-party witnesses with personal knowledge of the facts which they aver to be true. Proof in support of the complaint...


an oral hearing is necessary and appropriate, such oral hearing will be held either by telephone or in person in Washington, DC, as set forth below. The...


conclusions of law briefs shall not be allowed. As soon as practicable after all submissions of proof have been received, the Judgment Officer shall make the initial...


subpart are applicable to proceedings forwarded pursuant to Sec. 12.26(c) of the Reparation Rules. The rules in subpart B permitting discovery are applicable in a formal...


discovery pursuant to Sec. 12.30(d), and thereafter, the Administrative Law Judge may, in his discretion, conduct one or more pre-decision conferences to be held in Washington,...


Once he has been assigned the case, the Administrative Law Judge shall be responsible for the fair and orderly conduct of a formal decisional proceeding and shall have the...


Administrative Law Judge may withdraw from a formal decisional proceeding when he considers himself to be disqualified on the grounds of personal bias, conflict of interest,...


provided in these rules, all documents filed in a formal decisional proceeding including, but not limited to, amended or supplemental pleadings, motions,...


any time before the parties have concluded their submissions of proof, the Administrative Law Judge may allow amendments of the pleadings either upon written consent of...


specifically provided for in this subpart E shall be made by a motion, which shall be in writing (unless made on the record during an oral hearing). The motion shall...


the Commission of a ruling on a motion by an Administrative Law Judge may be sought only as prescribed in this rule: (a) When interlocutory appeal may be taken. An...


believes that there is no genuine issue of material fact to be determined and that he is entitled to a decision as a matter of law concerning all issues of liability in...


Law Judge determines that the documentary proof and other tangible forms of proof submitted by the parties are sufficient to permit resolution of some or all of...


proceeding has reached the stage of an oral hearing, the Administrative Law Judge, giving due regard for the convenience of the parties, shall set a time for hearing, as...


for issuance of subpoenas. An application for a subpoena requiring a party or other person to appear and testify at an oral hearing (subpoena ad testificandum) or...


soon as practicable after the parties have completed their submissions of proof, or after the conclusion of an oral hearing if one is held, shall render the initial...


If a party, who has claimed damages in excess of $30,000, is adjudged to be entitled to recover less than the sum or value of $30,000, computed without regard to a damage...


applicable to proceedings forwarded pursuant to Sec. 12.26 (b) and (c) of these rules. Except as provided in Sec. Sec. 12.106(e) and 12.403(b) of these rules, the rules...


forwarded pursuant to Sec. 12.26 (b) or (c) of these rules may appeal to the Commission an initial decision or other disposition of the entire proceeding by complying...


(a) In general. Where two or more different claims for relief are presented, or where multiple parties are involved, in a proceeding forwarded pursuant to Sec. 12.26 (b) or...


its own motion, within 30 days after it has been served on all parties, determine to review an initial decision, or other order disposing of all issues in the proceeding as to...


shall include: The pleadings; motions and requests filed, and rulings thereon; the transcript of the testimony taken at an oral hearing, together with the exhibits...


pursuant to Sec. 12.406, the Commission may, after notice to the parties and an opportunity for them to present their views, reopen the hearing to receive...


in accordance with paragraph (b) of this section, orders summary affirmance of the initial decision, the Commission's opinion and order in a proceeding appealed pursuant...


reparation award--(1) Where initial decision has become the final decision. Any reparation award ordered in an initial decision, or similar dispositive order (but not a...


the authority granted under section 2(a)(4) and 2(a)(11) of the Commodity Exchange Act, as amended, 7 U.S.C. 4a(c) and 4a(j), the Commission hereby delegates, until such time as...


participation in rulemaking. 13.5 Exceptions to notice requirement and public participation. 13.6 Promulgation of rules; publication. Authority: Pub. L....


or repeal of a rule of general application. The petition shall be directed to Secretariat, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st...


first be published in the Federal Register a notice of the proposed action. The notice shall include: (a) A statement of the time, place and nature of the...


of which notice has been given pursuant to Sec. 13.3 of these rules through the submission of statements, information, opinion, and arguments in the manner stated in...


required when persons subject to the rules are named and are either personally served or otherwise given actual notice of proposed rulemaking in accordance with law. (b)...


interested persons in the proceedings, the Commission will take such action on the proposed rule as it deems appropriate. Any rule adopted will be published in the...


Violation of Commodity Exchange Act. 14.5 Criminal conviction. 14.6 Disbarment or suspension by licensing authority. 14.7 Finding of violation of Commodity...


to the representation of a person by another who appears in his behalf at any adjudicatory, investigatory or rulemaking proceeding conducted before the...


held before an Administrative Law Judge, utilizing the procedures established in the rules of practice (part 10) for adjudicatory proceedings. Any proceeding brought under...


appearing or practicing before it in any way to any person who is found by the Commission, after notice of and opportunity for hearing in the matter, to have...


any competent authority has been convicted of any felony or of a misdemeanor involving fraud or involving moral turpitude in matters related to the regulatory responsibilities...


a Court of the United States or any state or territory or the District of Columbia and any person whose license to practice as an accountant has been revoked or suspended in...


(a) Temporary suspension. The Commission, with due regard to the public interest, and without preliminary hearing, may by order temporarily suspend from appearing or...


to in Sec. Sec. 14.4 through 14.7, the Commission may, after notice and opportunity for hearing in the matter, deny, temporarily or permanently, the privilege...


practicing before the Commission who has been the subject of a conviction, suspension, disbarment, revocation, injunction or finding of the kind described in Sec. Sec....


under any of the provisions of this part may at any time file an application of reinstatement and the applicant may, in the...


required to report. 15.02 Reporting forms. 15.03 Reporting levels. 15.04 [Reserved] 15.05 Designation of agent for foreign brokers, customers of a...


such commodities, on such forms, at such time, and in accordance with such directions as are hereinafter set forth: (a) Contract markets--as specified in parts 16 and 21...


below, and persons required to file these forms may be determined by referring to the rule listed in the column opposite the...


currencies of Japan, Germany, the U.K., France, Italy, Canada, Australia, Switzerland, Sweden, Belgium, the Netherlands and the Euro. (b) The quantities for the purpose...


contract'' means any contract for the purchase or sale of any commodity for future delivery traded or executed on or subject to the rules of any contract market; the...


[Reserved] 16.06 Errors or omissions. 16.07 Delegation of authority to the Director of the Division of Market Oversight and the...


each business day the following information separately for futures by commodity and by future, and, for options, by underlying futures contract for options on futures contracts or...


by the Commission or its designee, corrections to errors or omissions in data previously filed with the Commission pursuant to Sec. Sec. 16.00 and 16.01. [62...


the Commission orders otherwise, the authority set forth in paragraph (a) of this section to the Director of the Division of Market Oversight and the authority set forth...


brokers. Sec. 17.00 Information to be furnished by futures commission merchants, clearing members and foreign brokers. 17.01 Special...


for the first time, the FCM, clearing member, or foreign broker shall identify the account to the Commission or to the contract market on form 102 showing the information...


its designee, the reports required to be filed by FCMs, clearing members, and foreign brokers under Sec. Sec. 17.00 and 17.01 shall be filed at the nearest...


Director. The Commission hereby delegates, until the Commission orders otherwise, the authority set forth in paragraphs (a) and (b) of this section to the...


(a) Any futures commission merchant, clearing member or foreign broker who establishes an omnibus account with another futures commission merchant or foreign...


and identification of accounts. 18.03 Delegation of authority to the Director of the Division ofMarket Oversight. 18.04 Statement of...


with the same or with different futures commission merchants or foreign brokers, all such positions and accounts shall be considered as a single account for the purpose...


all reports. (Approved by the Office of Management and Budget under control number 3038-0009) [41 FR 3208, Jan. 21, 1976, as amended at 46 FR 63036, Dec....


authority to make special calls on traders for information as set forth in Sec. Sec. 18.00, 18.04 and 18.05 to the Director of the Division of Market Oversight to...


by the Commission or its designee file with the Commission a ``Statement of Reporting Trader'' on the Form 40 at such time and place as directed in the call. All traders...


details concerning all positions and transactions for future delivery in the commodity on all contract markets, [[Page 322]] all positions and transactions in...


discs or computer printouts provided that the format and coding structure used thereon have been approved in writing by the Executive Director or his designee....


provisions. 19.01 Reports on stocks and fixed price purchases and sales pertaining to futures positions in wheat, corn, oats, soybeans, soybean ...


pertaining to futures positions in wheat, corn, oats, soybeans, soybean oil, soybean meal or cotton. (a) Information required. Persons required to file '04...


(a) Information required. Persons required to file '04 reports under Sec. 19.00(a)(2) of this chapter shall file CFTC Form 304 reports showing the quantity of...


calls for information on controlled accounts from futures commission merchants and introducing brokers. 21.02 Special calls for information on open contracts...


merchant and introducing broker shall file with the Commission the names and addresses of all persons who, by power of attorney or otherwise, exercise trading control...


and foreign brokers. Upon special call by the Commission for information relating to futures and/or option positions held or introduced on the dates specified...


on the dates specified in the call, each futures commission merchant, member of a contract market and foreign broker shall furnish to the Commission in accordance with...


(a) For purposes of this section, the term ``accounts of a futures commission merchant or foreign broker'' means all open contracts and transactions in futures and...


required. 30.5 Alternative procedures for non-domestic persons. 30.6 Disclosure. 30.7 Treatment of foreign futures or foreign options...


of sections 1a, 2, 4, 4c, 4f, 4g, 4k, 4l, 4m, 4n, 4o, 4p, 6, 6c, 8, 8a, 9, 12, 13, and 14 of the Act and parts 1, 3, 4, 10, 11, 12, 13, 14, 21, 155, 166 and 190 of this...


or foreign options transaction for or on behalf of a foreign futures or foreign options customer, except in accordance with the provisions of this part: Provided, that, with...


a foreign futures or foreign options customer: (a) To solicit or accept orders for or involving any foreign futures contract or foreign options transaction...


is required in accordance with the provisions of this part to be registered with the Commission, other than a person required to be registered as a futures...


futures commission merchant, or in the case of an introduced account no introducing broker, may open a foreign futures or option account for a foreign futures or option...


must maintain in a separate account or accounts money, securities and property in an amount at least sufficient to cover or satisfy all of its current obligations...


written quarterly reports on a form specified by the National Futures Association at the National Futures Association's headquarters office in Chicago, Illinois, by the...


interstate commerce, directly or indirectly, in or in connection with any account, agreement or transaction involving any foreign futures contract or foreign...


the Commission, which petition must set forth with particularity the reasons why that person believes that he should be exempt from such requirement. The Commission may,...


regulation thereunder, may be applicable to any person required to be registered under this part who solicits foreign futures and foreign options customers and who shall fail...


regulation thereunder, may be applicable to any person required to be registered under this part who solicits foreign futures and foreign options customers and who shall fail...
...


use of the mails or any means or instrumentality of interstate commerce, directly or indirectly: (a) To employ any device, scheme, or artifice to defraud, (b) To make...


presentation, or any communication for publication in any newspaper, magazine or similar medium or for broadcast over television, radio, or other electronic medium which...


execution of a leverage contract to or with a leverage customer, or to solicit or accept a leverage customer's order for a leverage contract, or to accept any leverage...


sale or purchase or is sold or purchased by a particular leverage transaction merchant must be separately registered with the Commission. Registration will be granted only...


or who files an application for registration as a leverage transaction merchant, who knows or should have known that its adjusted net capital at any time is...


commodities subject to open long leverage contracts entered into with leverage customers, and must at all times also maintain cover of at [[Page 352]] least...


plus 20 percent of the market value of the amount of physical commodities subject to leverage contracts entered into by the leverage transaction merchant which...


long leverage contract involving a leverage commodity to any leverage customer at any time when such leverage transaction merchant is not offering to repurchase from any of...


soliciting an order for any leverage contract shall furnish to the prospective leverage customer a dated Disclosure Document and receive from such prospective...


and deal with such leverage customer funds as belonging to that leverage customer. Such leverage customer funds: (1) Shall be separately accounted for and segregated...


Futures Association under Sec. 3.17 of this chapter shall submit concurrently with the filing of such application either: (1) A Form 2-FR certified by an...


1.31 of this chapter. In addition, information concerning leverage transactions shall be made available upon request of the Executive Director, the Director of the Division...


upon the repurchase, resale, liquidation, rescission or delivery of a leverage contract, a statement showing the financial result of the transactions involved, including the...


in the format specified by the National Futures Association, by the tenth business day of the month following the month covered by the report and shall include...


a written record of such order, including the account identification and order number, and shall record thereon, by time-stamp or other timing device, the date and...


with the leverage customer. If a leverage transaction merchant is unable to effect personal contact with a leverage customer, a telegram sent to the leverage customer at...


3.17 and 3.18 of this chapter expressly or impliedly to represent that the commission, by registering that person or by registering the leverage commodity which...


in any account carried by the leverage transaction merchant for or on behalf of any person: (1) Guarantee such person against loss; (2) Limit the loss of such...


lawful activities that occurred prior to April 13, 1984. All leverage contracts offered or entered into on or after April 13, 1984 shall be subject to the terms...


[Code of Federal Regulations] [Title 17, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 17CFR31.22] [Page 373] TITLE 17--COMMODITY AND SECURITIES EXCHANGES CHAPTER I--COMMODITY FUTURES TRADING COMMISSION PART 31_LEVERAGE TRANSACTIONS--Table of Contents Sec. 31.22 Prohibited trading in leverage contracts. No futures commission merchant or introducing broker shall offer to enter into, enter into, confirm the execution of, or solicit or accept orders for any leverage contract. [54 FR 41082, Oct. 5, 1989] ...


a particular leverage transaction merchant may rescind such contract or contracts during a period of not less than three business days from and including the day on which...


leverage contract from a leverage customer (initiation of a short transaction) and to repurchase a leverage contract from a leverage customer (close-out of a long transaction),...


the National Furtures Association a quarterly report with the National Futures Association by the fifteenth business day of the month following the quarter covered by...


member of at least one futures association which is registered under section 17 of the Act and which provides for the membership therein of such leverage transaction...


must adopt, and submit for Commission approval, rules prescribing minimum financial, cover, segregation and sales practice, and related reporting requirements...


must be able to demonstrate its capability to promulgate rules and to conduct proceedings which provide a fair, equitable and expeditious procedure, through arbitration...


commodity option transactions. 32.4 Exemptions. 32.5 Disclosure. 32.6 Segregation. 32.7 Books and recordkeeping. 32.8 Unlawful representations; execution...


or maintain a position in, any transaction in interstate commerce involving wheat, cotton, rice, corn, oats, barley, rye, flaxseed, grain sorghums, mill feeds, butter,...


money, securities, or property (or to extend credit in lieu thereof) from an option customer as payment of the purchase price in connection with a commodity option transaction...


transactions, the provisions of this part shall not apply to a commodity option offered by a person which has a reasonable basis to believe that the option is offered to...


option customer or prospective option customer shall be furnished a summary disclosure statement by the person soliciting or accepting the order therefor. The...


in connection with a commodity option transaction shall treat and deal with such money, securities, and property as belonging to such option customer until expiration of...


an option customer as payment of the purchase price in connection with a commodity option transaction shall keep full, complete and systematic records together with...


in accordance with this part expressly or impliedly to represent that the Commission, by declaring effective the registration of such person or otherwise, has directly...


or defraud or attempt to cheat or defraud any other person; (b) To make or cause to be made to any other person any false report or statement thereof or cause to be...


[Code of Federal Regulations] [Title 17, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 17CFR32.10] [Page 383] TITLE 17--COMMODITY AND SECURITIES EXCHANGES CHAPTER I--COMMODITY FUTURES TRADING COMMISSION PART 32_REGULATION OF COMMODITY OPTION TRANSACTIONS--Table of Contents Sec. 32.10 Option transactions entered into prior to the effective date of this part. Nothing contained in this part shall be construed to affect any lawful activities that occurred prior to the effective date of this part. ...


and after June 1, 1978, until further [[Page 384]] rule, regulation or order of the Commission, for any person to solicit or accept orders for, or to accept...


acceptance of orders for, or the acceptance of money, securities, or property in connection with, the purchase or sale of any commodity option on a physical commodity...


provisions of Sec. 32.11 shall not apply to the solicitation or acceptance of orders for, or the acceptance of money, securities or property in connection with, the purchase or sale...


33. 33.3 Unlawful commodity option transactions. 33.4 Designation as a contract market for the trading of commodity options. [[Page...


context otherwise requires: (1) Each board of trade designated, or applying for designation, by the Commission as a contract market for the purpose of trading...


into, confirm the execution of, or maintain a position in, any commodity option transaction subject to the provisions of this part unless the commodity option involved...


board of trade located in the United States as a contract market for the trading of options on contracts of sale for future delivery or for options on physicals in...


of trade desiring to be designated as a contract market for a particular commodity option contract [[Page 396]] shall make application to the Commission and accompany...


Commission may, after notice and opportunity for a hearing on the record, suspend or revoke the designation of any board of trade as a contract market in a commodity option for which...


in the case of an introduced account no introducing broker, may open or cause the opening of a commodity option account for an option customer, other than for a customer...


with Sec. 1.31 of this chapter, all promotional material it provides, directly or indirectly, to option customers as well as the true source of authority for the...


in accordance with the Act or these regulations expressly or impliedly to represent that the Commission, by declaring effective the registration of such person...


(a) To cheat or defraud or attempt to cheat or defraud any other person; (b) To make or cause to be made to any other person any false report or...


either unconditionally or on a temporary or other conditional basis, from any provisions of this part, other than Sec. Sec. 33.9 and 33.10, if it finds, in its discretion, that...


12a. Source: 58 FR 5586, Jan. 22, 1993, unless otherwise noted. The provisions of this part shall apply to any hybrid instrument which may be subject to...


with one or more commodity-dependent components that have payment features similar to commodity futures or commodity option contracts or combinations thereof. ...


into, rendering advice or rendering other services with respect to such exempt hybrid instrument is exempt for such activity from all provisions of the Act (except in...


Source: 58 FR 5594, Jan. 22, 1993, unless otherwise noted. (a) Scope. The provisions of this part shall apply to any swap agreement which may be...


or rendering other services with respect to such agreement, is exempt for such activity from all provisions of the Act (except in each case the provisions of...


as amended by the Commodity Futures Modernization Act of 2000, Appendix E of Pub. L. 106- 554, 114 Stat. 2763 (2000). Source: 66 FR 42270, Aug. 10, 2001, unless...


(1) Commodities having-- (i) A nearly inexhaustible deliverable supply; (ii) A deliverable supply that is sufficiently large, and a cash market sufficiently liquid,...


of its intention to do so. This notification, and subsequent notification of any material changes in the information initially provided, shall be filed with the...


to trade excluded and exempt commodities. 37.5 Procedures for registration. 37.6 Compliance with core principles. 37.7 Additional...


the Commission under section 5a of the Act, the facility and the facility's operator are exempt from all Commission regulations for such activity, except for the requirements...


eligible traders as defined by section 5a(b)(3) of the Act, may trade any contract of sale of a commodity for future delivery (or option on such a contract) on any of the...


execution facility may, pursuant to section 5a(g) of the Act, trade [[Page 408]] agreements, contracts, or transactions that are excluded or exempt from...


facility pursuant to section 5a of the Act, a board of trade, facility or entity that is designated as a contract market, which is not a dormant contract market as defined...


commencing operations by listing products for trading or otherwise, or for a dormant derivatives transaction execution facility as defined in Sec. 40.1 of this chapter that...


derivatives transaction execution facilities need only notify the Commission of the listing of new products for trading, posting of new product descriptions, terms...


transaction execution facilities. Upon special call by the Commission, a registered derivatives transaction execution facility shall provide to the Commission...


execution facility shall not [[Page 413]] be void, voidable, subject to rescission or otherwise invalidated or rendered unenforceable as a...


and implementing contract market rules. 38.5 Information relating to contract market compliance. 38.6 Enforceability. Appendix A to Part...


contract market's operator are exempt from all Commission regulations for such activity, except for the requirements of this part 38 and Sec. Sec. 1.3, 1.12(e), 1.31,...


a contract market sixty days after receipt (during the business hours defined in Sec. 40.1 of this chapter) by the Secretary of the Commission at its Washington,...


designation, or a designated contract market, may request that the Commission approve under section 5c(c) of the Act, any or all of its rules and subsequent...


such information related to its business as a contract market, including information relating to data entry and trade details, in the form and manner and within the time...


such information related to its business as a contract market, including information relating to data entry and trade details, in the form and manner and within the time...
...


organization rules and clearing new products. 39.5 Information relating to derivatives clearing organization ...


exempt from all Commission regulations except for the requirements of this part 39 and Sec. Sec. 1.3, 1.12(f)(1), 1.20, 1.24, 1.25, 1.26, 1.27, 1.29, 1.31,...


sixty days after receipt by the Commission of an application for registration as a derivatives clearing organization unless notified otherwise during that...


for registration, or a registered derivatives clearing organization, may request, pursuant to the procedures of Sec. 40.5 of this chapter, that the Commission approve any...


shall file with the Commission such information related to its business as a clearing organization, including information relating to trade and clearing details, in...


subject to rescission, or otherwise invalidated or rendered unenforceable as a result of: (a) A violation by the derivatives clearing organization of...


or indirectly, in or in connection with the clearing of transactions by a derivatives clearing organization: (a) To cheat or defraud or attempt to cheat or defraud...


products for trading by certification. 40.3 Voluntary submission of new products for Commission review and approval. 40.4 Amendments to terms...


To list a new product for trading, to list a product for trading that has become dormant, or to accept for clearing a product (not traded on a designated contract market or...


approval. (a) Request for approval. A designated contract market or registered derivatives transaction execution facility may request under section 5c(c)(2)...


(a) Designated contract markets must submit for Commission approval under the procedures of Sec. 40.5, prior to its implementation, any rule or rule...


(a) Request for approval of rules. A registered entity may request pursuant to section 5c(c) of the Act that the Commission approve any rule or proposed rule...


registered derivatives clearing organizations. (a) Required certification. A designated contract market or a registered derivatives clearing organization may...


of products or rules. The Commission hereby delegates, until it orders otherwise, to the Director of the Division of Clearing and Intermediary Oversight and separately to...


to be made publicly available by a registered entity under sections 5(d)(7), 5a(d)(4) and 5b(c)(2)(L) of the Act, respectively, will be treated as public information...


Required records. 41.3 Application for an exemptive order pursuant to section 4f(a)(4)(B) of the Act. 41.4-41.9 [Reserved] ...


that trades a security index or security futures product shall maintain in accordance with the requirements of Sec. 1.31 books and records of all activities...


(a) Any futures commission merchant or introducing broker registered in accordance with the notice registration provisions of Sec. 3.10 of this chapter, or any broker or dealer...


trading volume; application of the definition of narrow-based security index. (a) Market capitalization. For purposes of Section 1a(25)(B) of the Act (7...


An index on which a contract of sale for future delivery is trading on a designated contract market, registered derivatives transaction execution facility, or foreign board of trade...


of trade. When a contract of sale for future delivery on a security index is traded on or subject to the rules of a foreign board of trade, such index shall not be...


(a) Forty-five day tolerance provision. An index that is a narrow- based security index that becomes a broad-based security index for no more than 45 business days over 3...


Source: 66 FR 55083, Nov. 1, 2001, unless otherwise noted. (a) Security futures products based on a single security. A futures contract on a...


It shall be unlawful for a designated contract market or registered derivatives transaction execution facility to list for trading or execution a security futures product...


trading. (a) Initial listing of products for trading. To list new security futures products for trading, a designated contract market or registered...


(a) Self-certification of rules and rule amendments by designated contract markets and registered derivatives clearing organizations. A designated...


security futures products. (a) Common provisions. (1) Reporting of data. The designated contract market or registered derivatives transaction execution facility...


futures products by floor brokers. (a) Definitions. For purposes of this section: (1) Trading session means hours during which a designated contract market...


Source: 66 FR 44965, Aug. 27, 2001, unless otherwise noted. (a) Any board of trade that is a national securities exchange, a national securities association, or...


(a)(1) A board of trade designated as a contract market in security futures products pursuant to Sec. 41.31 of this chapter shall: (i) Notify the Commission of any change in...


(a) Any board of trade designated as a contract market in security futures products pursuant to Sec. 41.31 of this chapter may apply to the Commission for an...


of trade notice-designated as a contract market in security futures products pursuant to Sec. 41.31 also shall be exempt from: (a) The following provisions of the...


otherwise noted. (a) Where security futures products may be held. (1) A person registered with the Commission as a futures commission merchant pursuant...


scope. (a) Authority and purpose. Subpart E, Sec. Sec. 41.42 through 41.49, and 17 CFR 242.400 through 242.406 (``this Regulation'') are issued by the...


through 41.49) only, the following terms shall have the meanings set forth in this section. (1) Applicable margin rules and margin rules applicable to an account...


with this Regulation (Subpart E, Sec. Sec. 41.42 through 41.49): (1) A security futures intermediary that carries a security future on behalf of a customer in...


the required margin for the security futures and related positions held on behalf of a customer in a securities account or futures account as set forth in...


to be deposited whenever the required margin for security futures and related positions in an account is not satisfied by the equity in the account, subject to...


Sec. 41.46(e)(1)(ii) of this subpart, cash, securities, or other assets deposited as margin for positions in an account may be withdrawn, provided that the equity in the...


required by this Regulation (Subpart E, Sec. Sec. 41.42 through 41.49) is not met in full, the security futures intermediary shall take the deduction required with respect to...


for notice-designated contract markets. Any self-regulatory authority that is registered with the Commission as a designated contract market under section 5f of the...


broker shall comply with the applicable provisions of the Bank Secrecy Act and the regulations promulgated by the Department of the Treasury under that Act at 31...


days is required during which contracts for future delivery in the current delivery month of wheat, corn, oats, barley, rye, or flaxseed may be settled by delivery of the...


Subpart A_Organization Sec. 140.1 Headquarters office. 140.2 Regional offices--Regional directors. Subpart B_Functions 140.10...


offices described herein functions as set forth below under the direction of a Regional Director, who is delegated authority and responsibility for the enforcement of the Act...


and four other Commissioners, not more than three of whom may be members of the same political party, who are appointed by the President, with the advice and consent of...


(a) Authority of senior Commissioner. When it is not feasible to convene a quorum of the Commission, the Senior Commissioner present at the the principal offices of the...


(a) Whenever the Chairman of the Commission is of the opinion that joint deliberation among the members of the Commission upon any matter is unnecessary in light of the nature...


in the position of Chairman of the Commission the remaining members of the Commission shall elect a member to serve as acting Chairman who shall exercise the executive...


After the Commission has formally reached a decision or taken other action on a matter, has agreed upon the language of the document which embodies the Commission decision or...


national security information. (a) The Executive Director is hereby designated to oversee the Commission's program to ensure the safeguarding of national...


material that is: (1) Owned by, produced for or by, or under control of the United States Government, and (2) Determined pursuant to Executive Order 12356 or prior...


Trading Commission has no original classification authority. (b) Derivative classification. Personnel of the Commission shall respect the original classification...


person shall be given access to classified information unless a favorable determination has been made as to the person's trustworthiness. The determination...


classified information shall be responsible for providing protection and accountability for such information at all times and for locking classified information in...


contract market, registered futures association or self-regulatory organization. (a) Pursuant to the authority granted under sections 2(a)(11), 8a(5) and 8a(6)...


and foreign government agencies and foreign futures authorities. (a) Pursuant to sections 2(a)(11), 8a(5) and 8(e) of the Act, the Commission hereby...


and Form 40. (a) The Commodity Futures Trading Commission hereby delegates, until such time as the Commission orders otherwise, to the Director of the Division...


Intermediary Oversight. Pursuant to sections 2(a)(11), 8a(5) and 8(g) of the Act, the Commission hereby delegates to the Director of the Division of Clearing...


bankruptcy proceeding. (a) Pursuant to sections 2(a)(11) and 8(b) of the Act, the Commission hereby delegates, until such time as the Commission orders otherwise,...


market designation are materially incomplete. (a) The Commodity Futures Trading Commission hereby delegates, until such time as the Commission orders otherwise, to...


The Commission shall provide notice to any person who has submitted information to the Commission when a summons or subpoena seeking the submitted information is received by...


Markets. (a) The Commission hereby delegates, until such time as the Commission orders otherwise, the following functions to the Director of the Division of...


(a) The Commission hereby delegates, until such time as the Commission orders otherwise, to the Director of the Division of Clearing and Intermediary Oversight and to...


Markets. (a) The Commission hereby delegates, until such time as the Commission orders otherwise, the following functions to the Director of the Division of...


(a) The Commission hereby delegates, until such time as the Commission orders otherwise, to the Director of the Division of Clearing and Intermediary Oversight and...


(a) The Commodity Futures Trading Commission hereby delegates, until such time as the Commission orders otherwise, to the Director of the Division of Market Oversight or...


as bona fide hedging. (a) The Commodity Futures Trading Commission hereby delegates, until such time as the Commission orders otherwise, to the Director of...


other written communications. (a) Except as provided in paragraphs (b) and (c) of this section, and except for applications for orders granting exemptions...


(a) Definitions. For the purpose of this section: (1) Exemptive letter means a written grant of relief issued by the staff of a Division of the Commission from...


140.735-1 Authority and purpose. Authority: 7 U.S.C. 4a(f) and (j), 12a(5), and 13, as amended by the Commodity Futures Modernization Act of 2000, Appendix E...


140.735-2 Prohibited transactions. (a) Application. This section applies to all transactions effected by or on behalf of a Commission member or employee...


140.735-2a Prohibited interests. (a) Application. This section applies to all financial interests of a Commission member or employee of the...


140.735-3 Non-governmental employment and other outside activity. A Commission member or employee shall not accept employment or compensation from any...


140.735-4 Receipt and disposition of foreign gifts and decorations. (a) For purposes of this section only: (1) Commission member or employee means...


140.735-5 Disclosure of information. A Commission employee or former employee shall not divulge, or cause or allow to be divulged, confidential or...


140.735-6 Practice by former members and employees of the Commission. (a) Personal and substantial participation or nonpublic knowledge of a...


140.735-7 Statutory violations applicable to conduct of Commission members and employees. A violation of section 2(a)(7), 8 or 9 (c) or (d) of the...


140.735-8 Interpretative and advisory service. (a) Counselor for the Commission. The General Counsel, or his or her designee, will serve as Counselor for...


decision. 141.7 Coordinating offset with another Federal agency. 141.8 Procedures for salary offset. 141.9 Refunds. 141.10 Statute of...


U.S. Postal Service, the U.S. Postal Commission, a military department as defined at 5 U.S.C. 102, an agency or court in the judicial branch, an agency of the legislative...


(b) The Commission is owed a debt by an individual who is a current employee of the Commission; (c) The Commission employs an individual who owes a debt to...


commences. (b) The written notice shall contain: (1) A statement that the debt is owed and an explanation of its nature, and amount; (2) The...


offset. (2) A hearing may be requested by filing a written petition addressed to the Executive Director stating why the employee disputes the existence or amount...


a statement of the facts presented to demonstrate the nature and origin of the alleged debt; the hearing official's analysis, findings and conclusions; the amount and...


agency owes a delinquent debt to the Commission, the Commission shall as appropriate: (1) Arrange for a hearing upon the proper petitioning by the employee; ...


intention to offset as provided in Sec. 141.4. Debts will be collected in one lump sum where possible. If the employee is financially unable to pay in one lump sum, collection...


the Commission or when directed by an administrative or judicial order. (b) The creditor agency will promptly return any amounts deducted by the Commission to satisfy...


not collect by salary offset unless facts material to the Government's right to collect were not known and could not reasonably have been known by the official or officials...


any rights that employee may have under 5 U.S.C. 5514 or any other provision of contract or law unless there are statutes or contract(s) to...


[Code of Federal Regulations] [Title 17, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 17CFR141.12] [Page 499] TITLE 17--COMMODITY AND SECURITIES EXCHANGES CHAPTER I--COMMODITY FUTURES TRADING COMMISSION PART 141_SALARY OFFSET--Table of Contents Sec. 141.12 Interest, penalties, and administrative costs. Charges may be assessed for interest, penalties, and administrative costs in accordance with the Federal Claims Collection Standards, 4 CFR 102.13. [[Page 500]] ...


FR 25234, June 14, 1989, unless otherwise noted. This part sets forth the policy and procedure with respect to the indemnification of Commission employees who...


other monetary award which is rendered against any employee, provided that the conduct giving rise to the verdict, judgment or award was taken within the scope of his or...


claim. 143.3 Interest, penalty charges, and administrative costs. 143.4 Collection by offset. 143.5 Collection by compromise. 143.6 Referral for litigation. 143.7 Delegation...


any person who owes payment to the United States under this part, stating the basis for the claim, the interest, penalties, and administrative costs that may be imposed...


Commission will assess interest on unpaid claims. The rate of interest assessed shall be the rate of the current value of funds to the U.S. Treasury (i.e., the Treasury tax and...


claims under this part by means of administrative offset against obligations of the United States to the debtor. (b) The Commission will notify the debtor in writing...


$100,000 (excluding interest) by compromise at less than the principal amount of the claim if-- (a) The debtor shows an inability to pay the full amount within...


under this part or for which collection action cannot be ended or suspended under 4 CFR part 104 will be referred to the Department of Justice...


delegates, until such time as the Commission orders otherwise, to the Executive Director or to any Commission employee under the Executive Director's supervision as he...


by an act of Congress, the inflation- adjusted maximum civil monetary penalty for each violation of the Commodity Exchange Act or the rules or orders promulgated...


to a subpoena, order or other demand (collectively ``demand'') of a court or other authority of any material contained in the files of the Commission, of any...


authorized to accept service of a demand directed to the Commission or to an employee of the Commission for documentary information contained in or relating to...


be served with a demand of a court or other authority seeking information or documents relating to the business of the Commission shall promptly advise the General Counsel of...


the Commission shall not testify concerning matters related to the business of the Commission unless authorized to do so by the Commission upon the advice of the...


demand by a court or other authority or otherwise in any proceeding in which the Commission is not a party, produce any material contained in the files of the Commission or...


in any proceeding oral testimony of an employee or former employee of the Commission is sought concerning matters related to the business of the Commission, an affidavit or, if...


[Code of Federal Regulations] [Title 17, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 17CFR144.6] [Page 505] TITLE 17--COMMODITY AND SECURITIES EXCHANGES CHAPTER I--COMMODITY FUTURES TRADING COMMISSION PART 144_PROCEDURES REGARDING THE DISCLOSURE OF INFORMATION AND THE Sec. 144.6 Fees. The provisions of Sec. 145.8 of these regulations with respect to fees for production of documents pursuant to the FOIA are applicable to this part. ...


Secretary of the Commission for FOI, Privacy and Sunshine Acts Compliance. Compliance staff--refers to the FOI, Privacy and Sunshine Acts Compliance staff of the...


be published in the Federal Register for the guidance of the public: (a) Description of the Commission's central and field organization and the established place...


nonpublic matters, and in addition to those documents listed in appendix A to part 145, Compilation of Commission Records Available to the Public, the following materials...


to prevent a clearly unwarranted invasion of personal privacy, the Commission may delete identifying details when it makes available ``public records'' as defined in...


defined in Sec. 145.0(d), if those records fall within the descriptions in paragraphs (a) through (i) of this section. The Commission shall publish or make available...


to the FOI, Privacy and Sunshine Acts compliance staff at the principal office of the Commission in Washington, DC, the request shall be made in writing and shall...


or format (including electronic formats) of the response. The Commission will accommodate requesters as to form or format if the record is readily available in that form...


in appendix B to this part 145. Copies of the schedule of fees may also be obtained upon request made in person, by telephone or by mail from the FOI, Privacy and Sunshine...


in appendix B to this part 145. Copies of the schedule of fees may also be obtained upon request made in person, by telephone or by mail from the FOI, Privacy and Sunshine...
...


access. 146.4 Procedures for identifying the individual making the request. 146.5 Disclosure of requested information to individuals; fees for copies...


(b) The term Executive Director refers to the executive level staff official appointed pursuant to section 2(a)(5) of the Commodity Exchange Act. (c) The term FOI, Privacy...


by the Commission contains any information pertaining to him, or may request access to his record or to any information pertaining to him which is contained in a system...


to Sec. 146.3, before information is given or access is granted pursuant to Sec. 146.5 of these rules the Commission shall require reasonable identification of the person...


or to any information pertaining to him in the manner [[Page 523]] prescribed in Sec. 146.3, and has identified himself as prescribed in Sec. 146.4, shall...


record pertaining to an individual which is contained in a system of records, except under the following circumstances: (1) The individual to whom the record pertains has...


necessary to accomplish the purposes of the Commodity Exchange Act and other purposes required to be accomplished by statute or by executive order of the President. ...


records maintained by the Commission and which is filed under his name or other individual identifier if he believes the information is not accurate, relevant, timely or...


for access to records pursuant to the Privacy Act, 5 U.S.C. 552a(d)(1), and Sec. Sec. 146.3 and 146.5 of the rules in this part; (2) To review denial of a request...


it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual of: (a) The authority...


and character of each of its systems of records, which notice shall include-- (1) The name and location of the system; (2) The categories of individuals on...


of these rules as set forth in paragraph (c) of this section, on the basis and to the extent that individual access to these files could impair the effectiveness and...


adopt the following exemptions to specified provisions of the Privacy Act: (1) Pursuant to, and limited by 5 U.S.C. 552a(j)(2), the system of records maintained by the Office...


purpose and scope of rules relating to open Commission meetings. 147.2 Definitions. 147.3 General requirement of open meetings; grounds upon which...


Trading Commission; (c) Commissioner means a member of the Commodity Futures Trading Commission duly appointed as a Commissioner in accordance with section...


agency business other than in accordance with the rules of this part, and meetings shall not be held in places which restrict membership or attendance or otherwise discriminate...


meeting, except as provided in paragraph (b) of this section and in Sec. 147.6, the Commission shall, except to the extent that such information is exempt from disclosure...


pursuant to Sec. 147.3(b) only upon the majority vote of all Commissioners. The vote of each Commissioner shall be recorded, and the use of proxies shall...


147.3(b) (4), (8), (9)(i), (9)(ii) or (10), or any combination thereof, may be closed if a majority of Commissioners votes by recorded vote at the beginning of such meeting, or...


adequate to record fully the proceedings of each meeting or portion of meeting closed to the public, except as provided in paragraph (b) of this section. ...


the offices of the FOI, Privacy and Sunshine Acts compliance staff, Office of the Secretariat, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st...


set of minutes disclosing the identity of each speaker, which are publicly available pursuant to Sec. 147.8(a), shall be furnished to any person at the actual cost...


rights of any person under part 145 of this title (implementing the provisions of the Freedom of Information Act, 5 U.S.C. 552), except that the exemptions set forth in...


rules. Subpart A_General Provisions Sec. 148.1 Purpose of these rules. 148.2 When the Act applies. 148.3...


applies. The Act applies to any covered adjudicatory proceeding pending before the Commission on or after October 1, 1981. This includes proceedings begun before October...


(a) The Act applies to adjudicatory proceedings conducted by the Commission. These are adjudications under 5 U.S.C. 554 in which the position of the...


applicants. (a) To be eligible for an award of attorney fees and other expenses under the Act, the applicant must be a party to the adjudicatory proceeding for...


awards. (a) A prevailing applicant may receive an award for fees and expenses incurred in connection with an adjudicatory proceeding, or in a significant and...


and expenses. (a) Awards will be based on rates customarily charged by persons engaged in the business of acting as attorneys, agents and expert witnesses, even if...


maximum rates for attorney fees. (a) If warranted by an increase in the cost of living or by special circumstances (such as limited availability of attorneys qualified...


agencies. If an applicant is entitled to an award because it prevails over another agency of the United States that participates in an adjudicatory...


Contents of application. (a) An application for an award of fees and expenses under the Act shall identify the applicant and the adjudicatory proceeding for which...


Net worth exhibit. (a) Each applicant except a qualified tax-exempt organization or cooperative association must provide with its application a detailed exhibit...


Documentation of fees and expenses. The application shall be accompanied by full documentation of the fees and expenses, including the cost of any study, analysis,...


When an application may be filed. (a) An application may be filed whenever the applicant has prevailed in the adjudicatory proceeding or in a significant and...


Filing and service of documents. Any application for an award or other pleading or document related to an application shall be filed and served on all parties to...


Answer to application. (a) Within 30 days after service of an application, counsel representing the Commission or other agency against which an award is sought may...


Reply. Within 15 days after service of an answer, the applicant may file a reply. If the reply is based on any alleged facts not already in the record of the...


Comments by other parties. Any party to an adjudicatory proceeding other than the applicant and counsel for the Commission or for another relevant agency may file...


Settlement. The applicant may propose settlement of the award to the Commission before final action on the application, either in connection with a settlement of...


Further proceedings. (a) Ordinarily, the determination of an award will be made on the basis of the written record. However, on request of either the applicant or...


Decision. The Presiding Officer shall issue an initial decision on the application in accordance with the provisions of Sec. 10.84 of this chapter. The decision...


Appeal to the Commission. (a) Either the applicant or counsel for the Commission or for another relevant agency may appeal the initial decision on the fee...


[Code of Federal Regulations] [Title 17, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 17CFR148.29] [Page 543] TITLE 17--COMMODITY AND SECURITIES EXCHANGES CHAPTER I--COMMODITY FUTURES TRADING COMMISSION PART 148_IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN COVERED ADJUDICATORY PROCEEDINGS BEFORE THE COMMISSION--Table of Contents Subpart C_Procedures for Considering Applications Sec. 148.29 Judicial review. Judicial review of final Commission decisions on awards may be sought as provided in 5 U.S.C. 504(c)(2). ...


Payment of award. An applicant seeking payment of an award from the Commission shall submit to the Executive Director of the Commission, Three Lafayette Centre, 1155...


Application. 149.103 Definitions. 149.104-149.110 [Reserved] 149.111 Notice. 149.112-149.129 [Reserved] 149.130...


[Code of Federal Regulations] [Title 17, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 17CFR149.102] [Page 544] TITLE 17--COMMODITY AND SECURITIES EXCHANGES CHAPTER I--COMMODITY FUTURES TRADING COMMISSION PART 149_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN Sec. 149.102 Application. This part applies to all programs or activities conducted by the agency. ...


Rights Division, U.S. Department of Justice. Auxiliary aids means services or devices that enable persons with impaired sensory, manual, or speaking skills to have...


information regarding the provisions of this part and its applicability to the programs or activities conducted by the agency, and make such information available to them...


from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity conducted by the agency. (b)(1) The...


any program or activity conducted by the agency. The definitions, requirements, and procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791),...


shall, because the agency's facilities are inaccessible to or unusable by handicapped persons, be denied the benefits of, be excluded from participation in, or otherwise...


program or activity, when viewed in its entirety, is readily accessible to and usable by handicapped persons. This paragraph does not-- (1) Necessarily require the agency...


on behalf of, or for the use of the agency shall be designed, constructed, or altered so as to be readily accessible to and usable by handicapped persons. The...


of other Federal entities, and members of the public. (1) The agency shall furnish appropriate auxiliary aids where necessary to afford a handicapped person...


discrimination on the basis of handicap in programs or activities conducted by the agency. (b) The agency shall process complaints alleging violations of section 504...


speculative position limits. 150.6 Responsibility of contract markets. Authority: 7 U.S.C. 6a, 6c and 12a(5). Source: 52 FR 38923, Oct. 20, 1987,...


for future delivery or, on a futures-equivalent basis, options thereon, in excess of the following: [[Page 551]] ...


are: (1) Bona fide hedging transactions as defined in Sec. 1.3(z) of this chapter; (2) [Reserved] (3) Spread or arbitrage positions between single...


accounts for which any person by power of attorney or otherwise directly or indirectly holds positions or controls trading or to positions held by two or more persons...


chapter shall be bylaw, rule, regulation, or resolution limit the maximum number of contracts a person may hold or control, separately or in combination, net long or net...


to relieve any contract market or its governing board from responsibility under section 5(4) of the Act to prevent manipulation and corners. [52 FR 38923, Oct. 20, 1987,...


standards for introducing brokers. 155.5 [Reserved] 155.6 Trading standards for the transaction of business on registered derivatives...


the Act and Sec. 1.41 of this chapter, a set of rules which shall, at a minimum, with respect to each member of the contract market acting as a floor broker: (a) Prohibit...


and controls to: (1) Insure, to the extent possible, that each order received from a customer or from an option customer which is executable at or near the...


to: (1) Insure, to the extent possible, that each order received from a customer or from an option customer which is executable at or near the market price is...


person thereof, transacting business on behalf of a customer who does not qualify as an ``institutional customer'' as defined in Sec. 1.3(g) of this chapter on a...


any contract market or other person from any of the provisions of this part. (Approved by the Office of Management and Budget under control numbers...


of Broker Association Membership. Authority: 7 U.S.C. 6b, 6c, 6j(d), 7a(b), and 12a. [[Page 559]] Source: 58 FR 31171, June 1,...


order unless the broker association is registered with the appropriate contract market in accordance with part (b) of this section. (b) Contract market rules required....


of broker association registration information to monitor the trading activity of broker associations and their members for potential abuse and to secure compliance...


broker associations which identifies for each such association the name of each person who is a member or otherwise has a direct beneficial interest in...


Subpart A_Privacy and Opt Out Notices 160.4 Initial privacy notice to consumers required. 160.5 Annual privacy notice to customers required. 160.6 Information to...


Compliance with an example or use of a sample clause, to the extent applicable, constitutes compliance with this part. (b) Substituted compliance. (1) Any person...


commodity trading advisor, commodity pool operator or introducing broker means any company that controls, is controlled by, or is under common control with a...


requirement. You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to: (1) Customer. An individual who...


You must provide a clear and conspicuous notice to customers that accurately reflects your privacy policies and practices not less than annually during the life of the...


The initial, annual, and revised privacy notices that you provide under Sec. Sec. 160.4, 160.5 and 160.8 must include each of the following items of information that applies to...


of opt out notice. If you are required to provide an opt out notice under Sec. 160.10(a), you must provide a clear and conspicuous notice to each of your consumers that...


in this part, you must not, directly or through any affiliate, disclose any nonpublic personal information about a consumer to a nonaffiliated third party other than...


must provide any privacy notices and opt out notices, including short-form initial notices that this part requires so that each consumer can reasonably be expected to...


parties. (a)(1) Conditions for disclosure. Except as otherwise authorized in this part, you may not, directly or through any affiliate, disclose any...


receive under an exception. If you receive nonpublic personal information from a nonaffiliated financial institution under an exception in Sec. Sec. 160.14 or 160.15,...


(a) General prohibition on disclosure of account numbers. You must not, directly or through an affiliate, disclose, other than to a consumer reporting agency, an account...


(a) General rule. (1) The opt out requirements in Sec. Sec. 160.7 and 160.10 do not [[Page 574]] apply when you provide nonpublic personal information...


(a) Exceptions for processing and servicing transactions at consumer's request. The requirements for initial notice in Sec. 160.4(a)(2), for the opt out in...


and opt out requirements. The requirements for initial notice in Sec. 160.4(a)(2), for the opt out in Sec. Sec. 160.7 and 160.10, and for initial notice in Sec. 160.13...


part shall be construed to modify, limit or supersede the operation of the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., and no inference shall be drawn on the basis of...


be construed as superseding, altering or affecting any statute, regulation, order or interpretation in effect in any state, except to the extent that such...


This part is effective on June 21, 2001. In order to provide sufficient time for you to establish policies and systems to comply with the requirements for this part,...


Every futures commission merchant, commodity trading advisor, commodity pool operator and introducing broker subject to the jurisdiction of the Commission must adopt policies...


settlement procedures. Authority: 7 U.S.C. 1a, 2, 6b, 6c, 6d, 6g, 6h, 6k, 6l, 6o, 7, 12a, 21, and 23, as amended by the Commodity Futures Modernization Act of...


a transaction in a commodity interest for the account of any customer unless before the transaction the customer, or person designated by the customer to control...


its partners, officers, employees and agents (or persons occupying a similar status or performing a similar function) of all commodity interest accounts carried, operated,...


hold itself out to the public under such name. The act, omission or failure of any person acting for the branch office, within the scope of his employment or office, shall...


(i) Arises out of any transaction executed on or subject to the rules of a designated contract market, (ii) Is executed or effected through a member of such facility,...


Demonstration of purposes (section 17(b)(1) of the Act). Subpart A_Standards Governing Commission Review of Applications for Registration as a...


Membership restrictions (section 17(b)(2) of the Act). If it appears to the Commission to be necessary or appropriate in the public interest and to carry out the purposes...


Fair and equitable representation of members (section 17(b)(5) of the Act). A futures association must assure fair and equitable representation of the views and...


Allocation of dues (section 17(b)(6) of the Act). Dues imposed on members of a futures association must be allocated equitably among members and may not be structured in...


Prevention of fraudulent and manipulative practices (section 17(b)(7) of the Act). A futures association must establish and maintain a program for the protection...


Disciplinary proceedings (sections 17(b)(8) and (b)(9) of the Act). A futures association must provide a fair and orderly procedure with respect to disciplinary actions...


Membership denial (section 17(b)(9) of the Act). A futures association must provide a fair and orderly procedure for processing membership applications and for affording...


Settlement of customer disputes (section 17(b)(10) of the Act). A futures association must be able to demonstrate its capacity to promulgate rules and to conduct...


General standard. An applicant seeking registration as a futures association by the Commission must demonstrate the association's ability to comply with standards...


Proficiency examinations (sections 4p and 17(p) of the Act). A futures association may prescribe different training standards and proficiency examinations for...


review of registration statement. (a) Any association seeking registration by the Commission as a futures association must file with the Commission a...


Director of the Division of Clearing and Intermediary Oversight. The Commission hereby delegates, until the Commission orders otherwise, to the Director of...


paragraph (b) of this section, each person required to register as a futures commission merchant must become and remain a member of at least one futures association which is...


MEMBER RESPONSIBILITY ACTIONS--Table of Contents Subpart A_General Provisions Sec. 171.1 Scope of...


includes any member of the Commission staff who participates in, or may be reasonably expected to participate in, the decisionmaking process in any proceeding under...


Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581. It is open each day, except Saturdays, Sundays, and legal public holidays, from 8:15 a.m. until 4:45...


these rules or allowed by the Commission, the day of the act, event, or default from which the designated period of time begins to run is not to be included. The last...


for good cause shown, on its own motion or the motion of a party, the Commission may at any time extend or shorten the time prescribed by the rules for filing any...


No party to a proceeding before the Commission under these rules and no person outside the Commission who has a direct or indirect interest [[Page...


required by this part to be filed with the Proceedings Clerk shall be filed by delivering it in person or by mail to: Proceedings Clerk, Office of Proceedings, Commodity...


filed with the Proceedings Clerk must be served upon all parties on the same day. (b) Manner of service. Service may be made by personal delivery (effective...


provided for in this part shall be made by a written motion, filed with the Proceedings Clerk. The motion shall state the relief sought, basis for the relief...


Rules, the Commission may impose appropriate sanctions including dismissal of the appeal or summary reversal of the decision under appeal. Sanctions may be imposed on...


a proceeding, the parties may request dismissal of the appeal based on a settlement agreement. If, in its view, the settlement is consistent with the public...


individual may appear pro se (on his own behalf); a general partner may represent the partnership; a bona fide officer of a corporation, trust or association may represent...


cause shown, the Commission may waive any rule in this part in a particular case and may [[Page 591]] order proceedings in accordance with its direction. Such...


Notice of final decision. (a) When required. The National Futures Association shall promptly serve all parties, as well as the Proceedings Clerk and the Secretary of...


Effective date of final decisions in disciplinary, membership denial and registration actions. (a) General rule. A final decision of the National Futures Association...


Notice of appeal. (a) Time to file. Any party aggrieved by the final decision of the National Futures Association in a disciplinary, membership denial or registration...


Submission of the record. Within thirty days after service of a notice of appeal, the National Futures Association shall file with the Proceedings Clerk two copies...


Appeal brief. (a) Time to file. Any person who has filed a notice of appeal in accordance with the provisions of Sec. 171.23, shall perfect the appeal by filing an...


Answering brief. (a) Time for filing answering brief. Within thirty days after service of the apeal brief, the National Futures Association shall file with the...


Limited participation by interested persons. (a) Upon motion of any interested person or, on its own motion, the Commission may permit, or solicit, limited participation in...


Participation by Commission staff. The Division of Enforcement, the Division of Clearing and Intermediary Oversight or the Division of Market Oversight may...


review. On review, the Commission may, in its discretion and after appropriate consideration of the notice given to the parties, consider sua sponte any...


in the absence of an appeal. (a) Request by Commission staff. At any time prior to the effective date of a final decision of the National Futures Association in...


(a) On motion of Commission. On its own motion, the Commission may, in its discretion, hear oral argument in a proceeding. (b) On request of party. Any...


Final decision by the Commission. (a) Opinion and order. Upon review, the Commission may affirm, modify, set aside, or remand for further proceedings, in whole or in...


review. (a) Disciplinary actions. In reviewing a final decision of the National Futures Association in a disciplinary action, the Commission shall affirm the...


Notice of the commencement of a member responsibility action. The notice of a Member Responsibility Action provided by the National Futures Association pursuant to...


Petition for a stay of effective date of a member responsibility action pending a hearing by the National Futures Association. (a) Time to file. Within ten days after...


Notice of a final decision of the National Futures Association in a member responsibility action. (a) When required. The National Futures Association shall promptly...


Petition for a stay of the effective date of a final decision of the National Futures Association in a member responsibility action. (a) Filing the petition. Within ten days of...


Notice of appeal. (a) Time to file. Any party aggrieved by a final decision of the National Futures Association in a member responsibility action may, within thirty...


General procedures. The following procedural rules applicable to review of decisions of the National Futures Association in disciplinary, membership denial and...


Standards of review. In reviewing the decision of the National Futures Association in a member responsibility action, the Commission shall consider whether: (a)...


until it orders otherwise, to the General Counsel or the General Counsel's designee, the authority: (1) To waive or modify any of the requirements of Sec. Sec....


primary liquidation date. 190.03 Operation of the debtor's estate subsequent to the primary liquidation date. 190.04 Operation of the debtor's...


primary liquidation date, the debtor's estate shall be operated as follows: (a) Notices to the Commission and Designated Self-Regulatory Organizations--(1) General....


contracts not required to be liquidated under Sec. 190.02 (f)(1) shall be operated by the trustee as follows: (a) Operation of accounts held open for...


shall comply with all of the provisions of the Act and of the regulations thereunder as if it were the debtor. (b) Computation of funded balance. Using the...


to physical delivery or an option on a physical commodity, which cannot be settled in cash, prior to the last day of trading in that contract as required by Sec....


(1) Are inconsistent with the provisions of this part; (2) Interfere with the acceptance by its members of open commodity contracts and the equity margining or securing such...


be equal to the aggregate of the funded balances of such customer's net equity claim for each account class plus or minus the adjustments specified in paragraph (d) of...


provided in this section, except for special distributions required under Appendix B to this part. The property so allocated will constitute a separate estate of the...


which may be used to pay that portion of the net equity claim of a member which is based on its house account. (b) Scope of member property. Member property shall...


which may be used to pay that portion of the net equity claim of a member which is based on its house account. (b) Scope of member property. Member property shall...
...




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