United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2002_register executive 2010-09-23 article Part IV Rules and Regulations D09002ee1c818f563 D09002ee1c818f67b United States Commodity Futures Trading Commission originator org United States Government Agency or Subagency United States Securities and Exchange Commission originator org United States Government Agency or Subagency The Commodity Futures Trading Commission ("CFTC") and the Securities and Exchange Commission ("SEC") (collectively the "Commissions") have adopted rules under the Commodity Exchange Act ("CEA") and the Securities Exchange Act of 1934 ("Exchange Act") as part of the joint regulatory framework under which futures commission merchants ("FCMs") and brokers or dealers ("broker-dealers" or "BDs") may effect transactions in security futures products for customers. The rules require all firms conducting business in security futures products to make disclosures to customers that transact business in security futures products concerning the protections provided by both the CEA and Exchange Act regulatory schemes, the regulatory scheme that will be applicable to their accounts, and the alternative regulatory scheme that will not be applicable to their accounts. In addition, the rules require that every firm engaged in this business that is fully-registered both as an FCM and as a broker- dealer establish written procedures regarding how customer security futures products will be held. The rules also specify how CEA and Exchange Act recordkeeping, reporting, and certain other rules will apply to security futures product transactions and accounts in which security futures products are held. These rules are adopted pursuant to the provisions of the Commodity Futures Modernization Act of 2000 ("CFMA") that direct the Commissions to address certain duplicative or conflicting regulations applicable to any firm fully-registered both as an FCM and as a broker-dealer. These rules also are intended to address certain other differences between the CEA and Exchange Act requirements, and reduce duplicative regulations applicable to firms that are notice-registered with either the CFTC or SEC. 67 FR 58284 https://www.govinfo.gov/app/details/FR-2002-09-13/02-23274 02-23274 fr13se02-19 RIN 3038-AB76 RIN 3235-AI32 6351-01-P Release No. 34-46473 File No. S7-17-01 https://www.govinfo.gov/app/details/FR-2002-09-13/02-23274 https://www.govinfo.gov/content/pkg/FR-2002-09-13/html/02-23274.htm https://www.govinfo.gov/content/pkg/FR-2002-09-13/pdf/02-23274.pdf Consumer Protection Definitions Reporting and Recordkeeping Requirements Security Futures Products Customer Protection Broker Dealer Securities Customer Protection 17 p. 58284 58300 67 FR 58284 Title 17 Part 190 17 CFR Part 190 Title 17 Part 1 17 CFR Part 1 Title 17 Part 240 17 CFR Part 240 Title 17 Part 41 17 CFR Part 41 RIN 3038-AB76 RIN 3235-AI32 Applicability of CFTC and SEC Customer Protection, Recordkeeping, Reporting, and Bankruptcy Rules and the Securities Investor Protection Act of 1970 to Accounts Holding Security Futures Products; Federal Register Vol. 67, Issue RULE 02-23274 IV COMMODITY FUTURES TRADING COMMISSION SECURITIES AND EXCHANGE COMMISSION 2003-05-02 Release No. 34-46473 File No. S7-17-01 6351-01-P 02-23274 Joint final rules.

The Commodity Futures Trading Commission ("CFTC") and the Securities and Exchange Commission ("SEC") (collectively the "Commissions") have adopted rules under the Commodity Exchange Act ("CEA") and the Securities Exchange Act of 1934 ("Exchange Act") as part of the joint regulatory framework under which futures commission merchants ("FCMs") and brokers or dealers ("broker-dealers" or "BDs") may effect transactions in security futures products for customers. The rules require all firms conducting business in security futures products to make disclosures to customers that transact business in security futures products concerning the protections provided by both the CEA and Exchange Act regulatory schemes, the regulatory scheme that will be applicable to their accounts, and the alternative regulatory scheme that will not be applicable to their accounts. In addition, the rules require that every firm engaged in this business that is fully-registered both as an FCM and as a broker- dealer establish written procedures regarding how customer security futures products will be held. The rules also specify how CEA and Exchange Act recordkeeping, reporting, and certain other rules will apply to security futures product transactions and accounts in which security futures products are held. These rules are adopted pursuant to the provisions of the Commodity Futures Modernization Act of 2000 ("CFMA") that direct the Commissions to address certain duplicative or conflicting regulations applicable to any firm fully-registered both as an FCM and as a broker-dealer. These rules also are intended to address certain other differences between the CEA and Exchange Act requirements, and reduce duplicative regulations applicable to firms that are notice-registered with either the CFTC or SEC.

September 13, 2002, except Sec. 240.17a-4(l) and (m) will be effective May 2, 2003. CFTC: Lawrence B. Patent, Deputy Director, Robert B. Wasserman, Associate Director, or Helene D. Schroeder, Special Counsel, Division of Clearing and Intermediary Oversight, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581. Telephone: (202) 418-5430. E-mail: (lpatent@cftc.gov); (rwasserman@cftc.gov) or (hschroeder@cftc.gov). Consumer Protection Definitions Reporting and Recordkeeping Requirements Security Futures Products Customer Protection Broker Dealer Securities Customer Protection Securities: Accounts holding security futures products; applicability of customer protection, recordkeeping, reporting, and bankruptcy rules, etc., hschroeder@cftc.gov lpatent@cftc.gov rwasserman@cftc.gov http://www.cfc.gov/files/foia/comment01/foicf0119c002.pdf Vol. 67, no. 178 Office of the Federal Register, National Archives and Records Administration 2002-09-13 continuing daily deposited born digital 389 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2002-09-13 P0b002ee1809c3d2e 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr13se02 https://www.govinfo.gov/app/details/FR-2002-09-13 https://www.govinfo.gov/content/pkg/FR-2002-09-13/pdf/FR-2002-09-13.pdf https://www.govinfo.gov/content/pkg/FR-2002-09-13/xml/FR-2002-09-13.xml fdlp 57937 58317 DGPO 2010-09-23 2024-06-07 FR-2002-09-13 machine generated eng FR FR-2002-09-13 67 178