Regulacje rynkowe · 2.06.2000
Minimum Financial Requirements for Futures Commission Merchants and Introducing Brokers; Amendments to the Provisions Governing Subordination Agreements Included in the Net Capital of a Futures Commission Merchant or Independent Introducing Broker
The Commodity Futures Trading Commission ("Commission" or "CFTC") is proposing to amend certain provisions of Regulation 1.17(h) which governs the net capital treatment of subordination agreements. Currently, futures commission merchants ("FCMs") and independent introducing brokers ("IBIs") that are members of a self- regulatory organization ("SRO"--i.e., a contract market or the National Futures Association) and that are securities brokers or dealers registered with the Securities and Exchange Commission ("SEC") are required to obtain the approval of both a futures SRO and a securities designated examining authority ("DEA") for any proposed subordination agreement, proposed prepayment of a subordinated loan, or proposed reduction in the outstanding principal balance of a secured demand note. The proposed amendments would ease the regulatory burden imposed upon SROs, FCMs, and IBIs by allowing SROs, subject to the conditions set forth below, to rely on a DEA's review and approval of a proposed subordination agreement, a proposed prepayment of a subordinated loan, or a proposed reduction in the outstanding principal balance of a secured demand note submitted to the DEA by an FCM or