(a) Any board of trade that is registered with the Securities and Exchange Commission as a national securities exchange, is a national securities association registered pursuant to section 78o–3(a) of title 15, or is an alternative trading system shall be a designated contract market in security futures products if—(1) such national securities exchange, national securities association, or alternative trading system lists or trades no other contracts of sale for future delivery, except for security futures products;
(2) such national securities exchange, national securities association, or alternative trading system files written notice with the Commission in such form as the Commission, by rule, may prescribe containing such information as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of customers; and
(3) the registration of such national securities exchange, national securities association, or alternative trading system is not suspended pursuant to an order by the Securities and Exchange Commission.
Such designation shall be effective contemporaneously with the submission of notice, in written or electronic form, to the Commission.
(b)(1) A national securities exchange, national securities association, or alternative trading system that is designated as a contract market pursuant to this section shall be exempt from the following provisions of this chapter and the rules thereunder:(A) Subsections (c), (e), and (g) of section 6c of this title.
(B) Section 6j of this title.
(C) Section 7 of this title.
(D) Section 7a–2 of this title.
(E) Section 10a of this title.
(F) Section 12(d) of this title.
(G) Section 13(f) 11 See References in Text note below. of this title.
(H) Section 20 of this title.
(2) An alternative trading system that is a designated contract market under this section shall be required to be a member of a futures association registered under section 21 of this title and shall be exempt from any provision of this chapter that would require such alternative trading system to—(A) set rules governing the conduct of subscribers other than the conduct of such subscribers’ trading on such alternative trading system; or
(B) discipline subscribers other than by exclusion from trading.
(3) To the extent that an alternative trading system is exempt from any provision of this chapter pursuant to paragraph (2) of this subsection, the futures association registered under section 21 of this title of which the alternative trading system is a member shall set rules governing the conduct of subscribers to the alternative trading system and discipline the subscribers.
(4)(A) Except as provided in subparagraph (B), but notwithstanding any other provision of this chapter, the Commission, by rule, regulation, or order, may conditionally or unconditionally exempt any designated contract market in security futures subject to the designation requirement of this section from any provision of this chapter or of any rule or regulation thereunder, to the extent such exemption is necessary or appropriate in the public interest and is consistent with the protection of investors.
(B) The Commission shall, by rule or regulation, determine the procedures under which an exemptive order under this section is granted and may, in its sole discretion, decline to entertain any application for an order of exemption under this section.
(C) An alternative trading system shall not be deemed to be an exchange for any purpose as a result of the designation of such alternative trading system as a contract market under this section.
Structure US Code
CHAPTER 1— COMMODITY EXCHANGES
§ 6. Regulation of futures trading and foreign transactions
§ 6b. Contracts designed to defraud or mislead
§ 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
§ 6l. Commodity trading advisors and commodity pool operators; Congressional finding
§ 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–1. Derivatives clearing organizations
§ 7a–2. Common provisions applicable to registered entities
§ 7b. Suspension or revocation of designation as registered entity
§ 7b–1. Designation of securities exchanges and associations as contract markets
§ 7b–3. Swap execution facilities
§ 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
§ 12a. Registration of commodity dealers and associated persons; regulation of registered entities
§ 12b. Trading ban violations; prohibition
§ 12d. Commission action for noncompliance with export sales reporting requirements
§ 12e. Repealed. , , , 2763A–410
§ 13. Violations generally; punishment; costs of prosecution
§ 13a–1. Enjoining or restraining violations
§ 13a–2. Jurisdiction of States
§ 13c. Responsibility as principal; minor violations
§ 15b. Cotton futures contracts
§ 16a. Service fees and National Futures Association study
§ 17a. Separability of 1936 amendment
§ 17b. Separability of 1968 amendment
§ 18. Complaints against registered persons
§ 19. Consideration of costs and benefits and antitrust laws
§ 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
§ 25. Private rights of action
§ 26. Commodity whistleblower incentives and protection
§ 27a. Exclusion of identified banking product
§ 27c. Exclusion of certain other identified banking products