IBs find increased regulatory obligations with introduction of new rule amendments
Patricia Cushing Associate Director, Compliance, National Futures Association The recent amendments to NFA’s Compliance Rule 2-30 (often referred to as the “Know Your Customer” rule), the proposed changes to CFTC Regulations 4.5 and 4.13 and the increasing demands of supervising the use of social media are all contributing to an increase in an IB’s regulatory obligations. However, by making some enhancements to their policies and procedures, IB’s should be able to meet these obligations with little disruption to their operations. NFA Compliance Rule 2-30 One of the changes to NFA Compliance Rule 2-30 that became effective in January 2011 requires FCMs to contact their active customers, at least annually, to verify that the "Know Your Customer" information obtained from that customer remains materially accurate. For accounts that are introduced to the FCM through an IB, the responsibility to verify the information remains with the FCM. However, whenever the customer notifies...