US Code
CHAPTER 1— COMMODITY EXCHANGES
§ 6d. Dealing by unregistered futures commission merchants or introducing brokers prohibited; duties in handling customer receipts; conflict-of-interest systems and procedures; Chief Compliance Officer; rules to avoid duplicative regulations; swap requirements; portfolio margining accounts

(a) Futures commission merchant registration requirements; duties of merchants in handling customer receiptsIt shall be unlawful for any person to be a futures commission merchant unless—(1) such person shall have registered, under this chapter, with the Commission as such futures commission merchant and such registration shall not have expired nor been suspended nor revoked; and
(2) such person shall, whether a member or nonmember of a contract market or derivatives transaction execution facility, treat and deal with all money, securities, and property received by such person to margin, guarantee, or secure the trades or contracts of any customer of such person, or accruing to such customer as the result of such trades or contracts, as belonging to such customer. Such money, securities, and property shall be separately accounted for and shall not be commingled with the funds of such commission merchant or be used to margin or guarantee the trades or contracts, or to secure or extend the credit, of any customer or person other than the one for whom the same are held: Provided, however, That such money, securities, and property of the customers of such futures commission merchant may, for convenience, be commingled and deposited in the same account or accounts with any bank or trust company or with the clearing house organization of such contract market or derivatives transaction execution facility, and that such share thereof as in the normal course of business shall be necessary to margin, guarantee, secure, transfer, adjust, or settle the contracts or trades of such customers, or resulting market positions, with the clearinghouse organization of such contract market or derivatives transaction execution facility or with any member of such contract market or derivatives transaction execution facility, may be withdrawn and applied to such purposes, including the payment of commissions, brokerage, interest, taxes, storage, and other charges, lawfully accruing in connection with such contracts and trades: Provided further, That in accordance with such terms and conditions as the Commission may prescribe by rule, regulation, or order, such money, securities, and property of the customers of such futures commission merchant may be commingled and deposited as provided in this section with any other money, securities, and property received by such futures commission merchant and required by the Commission to be separately accounted for and treated and dealt with as belonging to the customers of such futures commission merchant: Provided further, That such money may be invested in obligations of the United States, in general obligations of any State or of any political subdivision thereof, and in obligations fully guaranteed as to principal and interest by the United States, such investments to be made in accordance with such rules and regulations and subject to such conditions as the Commission may prescribe.
(b) Duties of clearing agencies, depositories, and others in handling customer receiptsIt shall be unlawful for any person, including but not limited to any clearing agency of a contract market or derivatives transaction execution facility and any depository, that has received any money, securities, or property for deposit in a separate account as provided in paragraph (2) of this section,11 So in original. Probably means subsection (a)(2) of this section. to hold, dispose of, or use any such money, securities, or property as belonging to the depositing futures commission merchant or any person other than the customers of such futures commission merchant.
(c) Conflicts of interestThe Commission shall require that futures commission merchants and introducing brokers implement conflict-of-interest systems and procedures that—(1) establish structural and institutional safeguards to ensure that the activities of any person within the firm relating to research or analysis of the price or market for any commodity are separated by appropriate informational partitions within the firm from the review, pressure, or oversight of persons whose involvement in trading or clearing activities might potentially bias the judgment or supervision of the persons; and
(2) address such other issues as the Commission determines to be appropriate.
(d) Designation of Chief Compliance OfficerEach futures commission merchant shall designate an individual to serve as its Chief Compliance Officer and perform such duties and responsibilities as shall be set forth in regulations to be adopted by the Commission or rules to be adopted by a futures association registered under section 21 of this title.
(e) Rules to avoid duplicative regulation of dual registrantsConsistent with this chapter, the Commission, in consultation with the Securities and Exchange Commission, shall issue such rules, regulations, or orders as are necessary to avoid duplicative or conflicting regulations applicable to any futures commission merchant registered with the Commission pursuant to section 6f(a) of this title (except paragraph (2) thereof), that is also registered with the Securities and Exchange Commission pursuant to section 78o(b) of title 15 (except paragraph (11) thereof), involving the application of—(1) section 78h, section 78o(c)(3), and section 78q of title 15 and the rules and regulations thereunder related to the treatment of customer funds, securities, or property, maintenance of books and records, financial reporting or other financial responsibility rules (as defined in section 78c(a)(40) of title 15), involving security futures products; and
(2) similar provisions of this chapter and the rules and regulations thereunder involving security futures products.
(f) Swaps(1) Registration requirementIt shall be unlawful for any person to accept any money, securities, or property (or to extend any credit in lieu of money, securities, or property) from, for, or on behalf of a swaps customer to margin, guarantee, or secure a swap cleared by or through a derivatives clearing organization (including money, securities, or property accruing to the customer as the result of such a swap), unless the person shall have registered under this chapter with the Commission as a futures commission merchant, and the registration shall not have expired nor been suspended nor revoked.
(2) Cleared swaps(A) Segregation requiredA futures commission merchant shall treat and deal with all money, securities, and property of any swaps customer received to margin, guarantee, or secure a swap cleared by or though a derivatives clearing organization (including money, securities, or property accruing to the swaps customer as the result of such a swap) as belonging to the swaps customer.
(B) Commingling prohibitedMoney, securities, and property of a swaps customer described in subparagraph (A) shall be separately accounted for and shall not be commingled with the funds of the futures commission merchant or be used to margin, secure, or guarantee any trades or contracts of any swaps customer or person other than the person for whom the same are held.
(3) Exceptions(A) Use of funds(i) In generalNotwithstanding paragraph (2), money, securities, and property of swap customers of a futures commission merchant described in paragraph (2) may, for convenience, be commingled and deposited in the same account or accounts with any bank or trust company or with a derivatives clearing organization.
(ii) WithdrawalNotwithstanding paragraph (2), such share of the money, securities, and property described in clause (i) as in the normal course of business shall be necessary to margin, guarantee, secure, transfer, adjust, or settle a cleared swap with a derivatives clearing organization, or with any member of the derivatives clearing organization, may be withdrawn and applied to such purposes, including the payment of commissions, brokerage, interest, taxes, storage, and other charges, lawfully accruing in connection with the cleared swap.
(B) Commission actionNotwithstanding paragraph (2), in accordance with such terms and conditions as the Commission may prescribe by rule, regulation, or order, any money, securities, or property of the swaps customers of a futures commission merchant described in paragraph (2) may be commingled and deposited in customer accounts with any other money, securities, or property received by the futures commission merchant and required by the Commission to be separately accounted for and treated and dealt with as belonging to the swaps customer of the futures commission merchant.
(4) Permitted investmentsMoney described in paragraph (2) may be invested in obligations of the United States, in general obligations of any State or of any political subdivision of a State, and in obligations fully guaranteed as to principal and interest by the United States, or in any other investment that the Commission may by rule or regulation prescribe, and such investments shall be made in accordance with such rules and regulations and subject to such conditions as the Commission may prescribe.
(5) Commodity contractA swap cleared by or through a derivatives clearing organization shall be considered to be a commodity contract as such term is defined in section 761 of title 11, with regard to all money, securities, and property of any swaps customer received by a futures commission merchant or a derivatives clearing organization to margin, guarantee, or secure the swap (including money, securities, or property accruing to the customer as the result of the swap).
(6) ProhibitionIt shall be unlawful for any person, including any derivatives clearing organization and any depository institution, that has received any money, securities, or property for deposit in a separate account or accounts as provided in paragraph (2) to hold, dispose of, or use any such money, securities, or property as belonging to the depositing futures commission merchant or any person other than the swaps customer of the futures commission merchant.
(g) Introducing broker registration requirementsIt shall be unlawful for any person to be an introducing broker unless such person shall have registered under this chapter with the Commission as an introducing broker and such registration shall not have expired nor been suspended nor revoked.
(h) Contracts held in portfolio margining accountsNotwithstanding subsection (a)(2) or the rules and regulations thereunder, and pursuant to an exemption granted by the Commission under section 6(c) of this title or pursuant to a rule or regulation, a futures commission merchant that is registered pursuant to section 6f(a)(1) of this title and also registered as a broker or dealer pursuant to section 78(o)(b)(1) of title 15 may, pursuant to a portfolio margining program approved by the Securities and Exchange Commission pursuant to section 78s(b) of title 15, hold in a portfolio margining account carried as a securities account subject to section 78(o)(c)(3) of title 15 and the rules and regulations thereunder, a contract for the purchase or sale of a commodity for future delivery or an option on such a contract, and any money, securities or other property received from a customer to margin, guarantee or secure such a contract, or accruing to a customer as the result of such a contract. The Commission shall consult with the Securities and Exchange Commission to adopt rules to ensure that such transactions and accounts are subject to comparable requirements to the extent practical for similar products.

Structure US Code

US Code

Title 7— AGRICULTURE

CHAPTER 1— COMMODITY EXCHANGES

§ 1. Short title

§ 1a. Definitions

§ 1b. Requirements of Secretary of the Treasury regarding exemption of foreign exchange swaps and foreign exchange forwards from definition of the term “swap”

§ 2. Jurisdiction of Commission; liability of principal for act of agent; Commodity Futures Trading Commission; transaction in interstate commerce

§§ 2a to 4a. Transferred

§ 5. Findings and purpose

§ 6. Regulation of futures trading and foreign transactions

§ 6a. Excessive speculation

§ 6b. Contracts designed to defraud or mislead

§ 6b–1. Enforcement authority

§ 6c. Prohibited transactions

§ 6d. Dealing by unregistered futures commission merchants or introducing brokers prohibited; duties in handling customer receipts; conflict-of-interest systems and procedures; Chief Compliance Officer; rules to avoid duplicative regulations; swap requirements; portfolio margining accounts

§ 6e. Dealings by unregistered floor trader or broker prohibited

§ 6f. Registration and financial requirements; risk assessment

§ 6g. Reporting and recordkeeping

§ 6h. False self-representation as registered entity member prohibited

§ 6i. Reports of deals equal to or in excess of trading limits; books and records; cash and controlled transactions

§ 6j. Restrictions on dual trading in security futures products on designated contract markets and registered derivatives transaction execution facilities

§ 6k. Registration of associates of futures commission merchants, commodity pool operators, and commodity trading advisors; required disclosure of disqualifications; exemptions for associated persons

§ 6l. Commodity trading advisors and commodity pool operators; Congressional finding

§ 6m. Use of mails or other means or instrumentalities of interstate commerce by commodity trading advisors and commodity pool operators; relation to other law

§ 6n. Registration of commodity trading advisors and commodity pool operators; application; expiration and renewal; record keeping and reports; disclosure; statements of account

§ 6o. Fraud and misrepresentation by commodity trading advisors, commodity pool operators, and associated persons

§ 6o–1. Transferred

§ 6p. Standards and examinations

§ 6q. Special procedures to encourage and facilitate bona fide hedging by agricultural producers

§ 6r. Reporting and recordkeeping for uncleared swaps

§ 6s. Registration and regulation of swap dealers and major swap participants

§ 6t. Large swap trader reporting

§ 7. Designation of boards of trade as contract markets

§ 7a. Repealed. , ,

§ 7a–1. Derivatives clearing organizations

§ 7a–2. Common provisions applicable to registered entities

§ 7a–3. Repealed. , ,

§ 7b. Suspension or revocation of designation as registered entity

§ 7b–1. Designation of securities exchanges and associations as contract markets

§ 7b–2. Privacy

§ 7b–3. Swap execution facilities

§ 8. Application for designation as contract market or derivatives transaction execution facility; time; suspension or revocation of designation; hearing; review by court of appeals

§ 9. Prohibition regarding manipulation and false information

§ 9a. Assessment of money penalties

§ 9b. Rules prohibiting deceptive and other abusive telemarketing acts or practices

§ 9c. Notice of investigations and enforcement actions

§ 10. Repealed. , , eff.

§ 10a. Cooperative associations and corporations, exclusion from board of trade; rules of board inapplicable to payment of compensation by association

§ 11. Vacation on request of designation or registration as “registered entity”; redesignation or reregistration

§ 12. Public disclosure

§§ 12–1 to 12–3. Omitted

§ 12a. Registration of commodity dealers and associated persons; regulation of registered entities

§ 12b. Trading ban violations; prohibition

§ 12c. Disciplinary actions

§ 12d. Commission action for noncompliance with export sales reporting requirements

§ 12e. Repealed. , , , 2763A–410

§ 13. Violations generally; punishment; costs of prosecution

§ 13–1. Violations, prohibition against dealings in motion picture box office receipts or onion futures; punishment

§ 13a. Nonenforcement of rules of government or other violations; cease and desist orders; fines and penalties; imprisonment; misdemeanor; separate offenses

§ 13a–1. Enjoining or restraining violations

§ 13a–2. Jurisdiction of States

§ 13b. Manipulations or other violations; cease and desist orders against persons other than registered entities; punishment

§ 13c. Responsibility as principal; minor violations

§ 14. Repealed. , ,

§ 15. Omitted

§ 15a. Repealed. , ,

§ 15b. Cotton futures contracts

§ 16. Commission operations

§ 16a. Service fees and National Futures Association study

§ 17. Separability

§ 17a. Separability of 1936 amendment

§ 17b. Separability of 1968 amendment

§ 18. Complaints against registered persons

§ 19. Consideration of costs and benefits and antitrust laws

§ 20. Market reports

§ 21. Registered futures associations

§ 22. Research and information programs; reports to Congress

§ 23. Standardized contracts for certain commodities

§ 24. Customer property with respect to commodity broker debtors; definitions

§ 24a. Swap data repositories

§ 25. Private rights of action

§ 26. Commodity whistleblower incentives and protection

§ 27. Definitions

§ 27a. Exclusion of identified banking product

§ 27b. Repealed. , ,

§ 27c. Exclusion of certain other identified banking products

§ 27d. Administration of the predominance test

§ 27e. Repealed. , ,

§ 27f. Contract enforcement