CFTC Registrations and NFA Membership

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What this video covers

  • Why the Commodity Futures Trading Commission (CFTC) registers under the Commodity Exchange Act (CEA) but does not write day-to-day conduct rules
  • Why National Futures Association (NFA) membership is required alongside CFTC registration for any public-facing firm, and what happens if one is missing
  • The seven registration categories: Futures Commission Merchant (FCM), Introducing Broker (IB), Commodity Pool Operator (CPO), Commodity Trading Advisor (CTA), Associated Person (AP), Floor Broker (FB), and Floor Trader (FT)
  • The money test that separates an FCM from an IB: only the FCM holds customer funds, carries accounts, and clears trades
  • Why an Associated Person is defined by activity (soliciting orders, customers, or funds, or supervising same) not by title
  • The phrase "broker for others, trader for self" to keep Floor Brokers and Floor Traders straight
  • The two-part Commodity Trading Advisor (CTA) exemption test: 15-person limit AND no holding out to the public, and why both prongs must be satisfied
  • How the NFA membership net freezes out unregistered firms by forbidding compliant members from clearing trades or holding funds for them

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