NIBA Journal

Insights, analysis, and updates from the National Introducing Brokers Association

Get to Know the Regulators: NFA's Arbitration Department
August 13, 2014
2 min read

Get to Know the Regulators: NFA's Arbitration Department

Although the majority of futures and forex transactions occur without issue, occasionally misunderstandings do happen. When either a broker or customer feels they have been wronged during the course of a transaction, NFA's Arbitration department provides a forum for dispute resolution. NFA's arbitration program is generally cheaper, faster and less formal than civil litigation or other dispute resolution forums. Claimants do not have to refer to statutes and regulations to prove their claims. However, they are responsible for proving that they have incurred a monetary loss and deserve compensation. Arbitration also has fewer procedural requirements than litigation, which is why approximately 30 percent of the parties involved in NFA arbitration proceedings represent themselves. Additionally, NFA Members also can use the program to resolve disputes with other Members and Associate Members. Additionally, NFA now offers mediation services for all claims, regardless of claim amount, free of charge. Mediation frequently saves time,...

By NIBARead article
Identity Theft Programs
August 13, 2014
3 min read

Identity Theft Programs

The growth and expansion of information technology and electronic communication have made it increasingly easy to collect, maintain, and transfer personal information about individuals. Advancements in technology also have led to increasing threats to the integrity and privacy of personal information. The Fair Credit Reporting Act of 1970 (‘‘FCRA’’), as amended in 2003, required several federal agencies to issue joint rules and guidelines regarding the detection, prevention, and mitigation of identity theft for entities that are subject to their respective enforcement authorities (also known as the “identity theft red flag rules”). At the time the Agencies adopted their rules; the FCRA did not require or authorize the Commodity Futures Trading Commission (“CFTC”) to issue identity theft red flags rules. In 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act amended the FCRA to add the CFTC to the list of federal agencies that must jointly adopt and individually enforce...

By NIBARead article
FCM Public Financial Data and Risk Disclosure—Helping Introducing Brokers make informed decisions
August 13, 2014
2 min read

FCM Public Financial Data and Risk Disclosure—Helping Introducing Brokers make informed decisions

By now, all FCMs are to have made public via their websites certain financial data per CFTC Rule 1.55. This information is important to Introducing Brokers as it makes available to your firm a way to better assess the credit profile of each FCM. Each FCM must have posted: Daily segregation statement for segregated, secured and cleared swap funds Summary capital computation for the most recent 12 months Most recent certified audit report Unaudited 1FR/Focus reports for the most recent 2 months Links to the FCM financial data on the NFA and CFTC website To further enable customers to make informed decisions about FCMs, certain Risk Disclosures must be made available that are more firm specific. The firm specific risk disclosure must include: Firm’s name and contact information Firm’s Principals FCM’s significant activities and product lines and the amount of capital and assets contributed to each Business engaged in on...

By NIBARead article
Housekeeping, Reminders and Updates
August 13, 2014
5 min read

Housekeeping, Reminders and Updates

FUTURES COMMISSION MERCHANTS In a July 7, 2014 Notice to Members, the National Futures Association (“NFA”) announced a reduction in the assessment fee paid by futures commission merchants (“FCMs”) Members. The NFA’s Board of Directors approved the reduced assessment fee on May 15, 2014. The reduction is a result of an amendment to NFA Bylaw 1301, which covers dues and assessments of NFA Members. Effective October 1, 2014, the amended paragraph (b) of Bylaw 1301will reduce the assessment fee by fifty percent (50%). Each FCM member will pay, to the NFA, an assessment equal to $0.02 for each commodity futures contract traded on a round-turn basis or $0.01 for each option contract traded on a per trade basis. This fee reduction applies to commodity futures contracts and options contract subject to the rules of the contract market and subject to the rules of a foreign board of trade. The NFA...

By NIBARead article
The Arditti Center Executive Risk Management Leadership Series
Member Announcements
July 22, 2014
2 min read

The Arditti Center Executive Risk Management Leadership Series

Wednesday, September 24 (12 to 2 pm): A free lunch with a keynote speaker and presentation by our instructors. Wednesday, October 15 (12 to 2 pm): A free lunch with a keynote speaker and presentation by our instructors. Wednesday, November 12 (8 am to 5 pm): One-day capstone program featuring interactive case studies, a keynote lunch, and a keynote dinner the evening before. Program Summary Developing and maintaining superior performance in corporate risk management, which is both effective in taking high-stakes decisions and fail-safe in times of stress, requires executive leadership. Focusing on the critical areas of risk management infrastructure, strategy and decision-making, this interactive program provides senior leaders with greater understanding of, and essential skills in, risk management leadership practices which have been field-tested across multiple industry sectors. Series Structure Hosted at the DePaul Center in the heart of downtown Chicago (1 E Jackson Blvd), the Executive Risk Management...

By NIBA
AP Agreements: Why Your Firm Needs Them and What They Should Address
July 22, 2014
5 min read

AP Agreements: Why Your Firm Needs Them and What They Should Address

In this age of heightened regulatory scrutiny and the ever increasing risk of litigation from former employees and customers, coupled with the need to protect valuable trade secrets, it has become a best practice—if not a legal imperative—for IBs to require associated persons (APs) to enter into AP agreements. AP agreements are designed to help reduce risks to IB employers and clarify expectations with APs. Moreover, without such an agreement, a court may find that an IB has no trade secrets and no ownership of such important information as customer contact lists, marketing strategies or key documents. AP agreements touch on several different areas of law—laws that are prone to shift—and are also subject to a dynamic regulatory environment. Thus, the preparation of AP agreements requires careful attention. However, a carefully crafted AP agreement can help minimize risks to both parties while also establishing the parties’ expectations. In addition to...

By NIBARead article
Chairman's Letter
Member Announcements
July 21, 2014
3 min read

Chairman's Letter

Dear Members - Many NIBA Members are already feeling the effects of CFTC Regulation 1.22 as FCMs begin to phase in the changes to margining customer accounts as enumerated. The so-called "residual interest" provision in the rule, due in November 2014, shortens the three-day period which customers currently have to meet margin requirements. The time period further shortens in four years. The NIBA has vigorously opposed CFTC Reg. 1.22 since it was proposed. Included as part of the sweeping customer protection rules enacted by the Commission as a result of the Dodd-Frank Act and in response to the failures of MF Global and PFG Best, we have argued implementation of this rule could drive our customers, including farmers, ranchers and small hedgers, out of the futures markets by requiring "pre-margining" to maintain their accounts. Pre-margining would eliminate their ability to use futures as a risk management tool due to higher...

By NIBARead article
July Housekeeping Items
Housekeeping
July 21, 2014
1 min read

July Housekeeping Items

Upcoming IB Filings: 1-FRs for IBs are due 7/24/2014 for the 6/30/14 filing.  That is 2 days from today (Tuesday July 22)  Please be sure to file this prior to the deadline as there is now a $1,000 per day fine for a late filing Upcoming CTA Filings: In 2013, the NFA amended Compliance Rule 2-46 to impose a quarterly reporting requirement on all CTAs. This filing requires each CTA to report general information about the CTA and its trading programs.  For CTAs who have a 6/30/2014 quarterly filing, the due date is on Thursday 8/14/2014. New CFTC Rules: CFTC Rule 1.55 (j) requires each FCM to provide certain information that is specific to the clearing firm and its business in a new, mandatory FCM specific disclosure document.  According to the CFTC this new FCM d-doc is designed to enable customers to make informed judgments regarding the appropriateness of selecting...

By NIBARead article
July 8 DePaul Event Follow-up
Member Announcements
July 21, 2014
1 min read

July 8 DePaul Event Follow-up

On July 8, 2014, the NIBA presented its first co-sponsored event with DePaul University on the University campus in Chicago. DePaul staff recorded the program, and the full video will be posted on this site within the next few days. The afternoon program included a session on the effect CFTC Reg. 1.22 will have on our customer relationships, and one on managed futures as an alternative investment class. Attendees received handouts from NIBA service providers, as well as from DePaul, and we all enjoyed a reception on the 11th Floor terrace of the campus downtown building. Approximately 140 individuals registered for the July 8 event which was open to all industry professionals. Thanks to DePaul University -- Alex Perry and Dr. Carl Luft specifically, session speakers, members of the NIBA Board of Directors and volunteers who created and presented a terrific program. We're all looking forward to more NIBA/DePaul events...

By NIBARead article
CME Direct/ClearPort Agency Cross
Swaps FX
July 21, 2014
2 min read

CME Direct/ClearPort Agency Cross

Agency Cross on CME Direct On June 9th the CME launched Agency Cross on CME Direct. Agency Cross, also known as non-block trading, allows brokers to trade ClearPort products directly into Globex in non-block sizes. Block trading restrictions have become a major area of contention for many IBs. Agency Cross functionality is a welcomed addition for many brokers and traders, besides being a necessary addition by the CME to keep up with ICE. Agency Cross was rolled out to little fanfare as many firms were not even aware of it's introduction. This was more of a soft launch for the CME to test their systems and technical infrastructure. With the success of it's initial launch, the The CME is confident that additional markets will become available this October.  The standard ClearPort qualifications still need to be met by clients and the product listing is still missing many of the popular...

By NIBARead article
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