DOL Fiduciary Rules

Recently, a new rule went into effect at the Department of Labor that may have some implications on your business.   To the extent that you recommend trading systems, CTAs or make investment recommendations to clients with retirement accounts, you should carefully review this information and possibly consult with an attorney on the implications to your business. On a high level, the rule generally requires financial professionals of all types, including brokers, financial advisors or wealth managers, who provide investment advice to retirement investors to act as fiduciaries, meaning that they must act in the best interests of their clients.  It…...

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Thinking of Starting a Fund? Here’s 10 Things For You to Consider

Written by: Matt Kluchenek, Patricia McDonald & Michael Sefton, Baker&McKenzie If you’ve been thinking about starting a hedge fund, you’ve likely encountered a byzantine array of options and requirements. Sorting through these options and requirements can be overwhelming. However, planning ahead and identifying key issues can clear a path and help you efficiently achieve your goal. In this article, we identify 10 of the most common considerations that arise for emerging fund managers. The Approach: Fund or Managed Account? Initially, most traders focus on forming a fund simply because it is the most common investment vehicle. That often makes sense.…...

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Ask NFA – June 2017

As your industry advocate, the NIBA provides many services which help your business stay in compliance with NFA regulations. “Ask the NFA,” is the way you can ask questions about those regulations and compliance requirements without having to call NFA directly. Just email us at [email protected] and we will get the answers for you. Please keep in mind the purpose of this contact is to keep the lines of communication between the NFA and NIBA members. This month’s questions were selected from those submitted by NIBA members. The answers were supplied by NFA staff. If I am executing non-cleared swaps…...

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CFTC/NFA Cyber Security: One Year In

By: Greg Baracy, Turnkey Trading Partners As everyone in the Commodity Futures Industry surely knows during March of 2016 the CFTC and NFA implemented cyber security obligations which were applied to all member firms. At that time Futures Commission Merchants (“FCMs”), Commodity Pool Operators (“CPOs”), Introducing Brokers (“IBs”), and Commodity Trading Advisors (“CTAs”) were all obligated to put in place and maintain a written Information Systems Security Program (“ISSP”) specifically tailored to their unique operations. This article intends to identify areas that NFA has focused on during regulatory examinations Turnkey Trading Partners has assisted with during 2017. Ongoing Risks and…...

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Housekeeping, Reminders and Updates – May 2017

Written by:    Mark E. Ruddy, Esq. Jessica I. Brown, CAMS COMMODITY FUTURES TRADING COMMISSION  Revisions to Form 8-R The Commodity Futures Trading Commission (“CFTC”) has revised Form 8-R, at the request of the National Futures Association (“NFA”).  Form 8-R is the application form for individuals registering as an associated person (“AP”), floor broker, floor trader or to be listed as a principal of an NFA Member firm. The following is a summary of changes to Form 8-R: “Floor Trader Order Enterer” has been added to the list of registration categories. “Floor trader order enterer” is defined as an individual responsible…...

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Ask NFA – May 2017

As your industry advocate, the NIBA provides many services which help your business stay in compliance with NFA regulations. “Ask the NFA,” is the way you can ask questions about those regulations and compliance requirements without having to call NFA directly. Just email us at [email protected] and we will get the answers for you. Please keep in mind the purpose of this contact is to keep the lines of communication between the NFA and NIBA members. This month’s questions were selected from those submitted by NIBA members. The answers were supplied by NFA staff. Have there been any enforcement related…...

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NFA NYC Workshop May 10th 2017

Seats are still available for NFA‘s Member Regulatory Workshop in New York on May 10 and Chicago on May 11 Seats are still available for NFA‘s upcoming Member Regulatory Workshops for commodity pool operator (CPO) and commodity trading advisor (CTA) Members. If you’ve already registered, thank you. We look forward to your participation. The half-day workshops will be held at the New York Marriott Downtown in New York, N.Y. on Wednesday, May 10, 2017, and Summit West in Chicago, Ill., on Thursday, May 11, 2017. Each workshop includes two sessions—one on NFA Members’ regulatory obligations regarding cybersecurity and one on…...

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Ask NFA – April 2017

As your industry advocate, the NIBA provides many services which help your business stay in compliance with NFA regulations. “Ask the NFA,” is the way you can ask questions about those regulations and compliance requirements without having to call NFA directly.  Just email us at [email protected] and we will get the answers for you. Please keep in mind the purpose of this contact is to keep the lines of communication between the NFA and NIBA members. This month’s questions were selected from those submitted by NIBA members. The answers were supplied by NFA staff. What are the guidelines for commission…...

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A Broker’s Expanding Obligations

­By Matthew Kluchenek and Michael Sefton It’s no secret that disruptive trading practices are a key concern of market regulators.  Spoofing and other disruptive trading practices have garnered attention in recent years and traders and advisers have had to learn quickly the ropes on permissible trading practices.  Now, it appears that FCMs (and possibly IBs) may have additional obligations as a result of the intense regulatory focus on disruptive trading practices. Recently, an FCM agreed to pay a $190,000 fine in settling a disciplinary matter at CME for violations of CME Rules 575.D and 576.  See CME 15-0185-BC – Saxo…...

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Ask NFA – March 2017

As your industry advocate, the NIBA provides many services which help your business stay in compliance with NFA regulations. “Ask the NFA,” is the way you can ask questions about those regulations and compliance requirements without having to call NFA directly.  Just email us at [email protected] and we will get the answers for you. Please keep in mind the purpose of this contact is to keep the lines of communication between the NFA and NIBA members. This month’s questions were selected from those submitted by NIBA members. The answers were supplied by NFA staff. I am an AP of an…...

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