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7 U.S.C. § 6jRestrictions on dual trading in security futures products on designated contract markets and registered derivatives transaction execution facilities

submitted 104 years ago by Pub. L. 93-463 to r/title-7-AGRICULTURE · 363 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Commission must ban "dual trading" by floor brokers in security futures products, with narrow exceptions like spread trades and error corrections. Dual trading means a floor broker handles customer orders and trades for their own account, or a related account, in the same session. The ban applies to designated contract markets and registered derivatives transaction execution facilities.

(a) Issuance of regulations The Commission must write regulations banning the privilege of "dual trading" (defined below) in security futures products, on every contract market and registered derivatives transaction execution facility. These regulations: (1) take effect as soon as they're issued; and (2) must include exceptions the Commission thinks are fair, such as — (A) spread transactions and fixing trading errors; (B) letting a customer name, in writing, once a year, a specific floor broker to handle their orders even though dual trading is otherwise banned; and (C) other measures designed to fit a particular exchange's unique features, handle emergencies or unusual market conditions, or otherwise serve the public interest — while still promoting efficient, innovative, and expanding markets, protecting investors, and supporting this section's goals. (b) "Dual trading" defined "Dual trading" means a floor broker executes a customer's order during the same trading session in which that floor broker also trades — in the same contract market or facility — for: (1) their own account; (2) an account they have trading discretion over; or (3) an account controlled by someone they're connected to through a broker association. (c) "Broker association" defined A "broker association" is two or more members of a contract market or derivatives transaction execution facility with floor trading privileges — at least one of whom is a floor broker — who: (1) do floor brokerage work for the same employer; (2) have an employer-employee relationship tied to floor brokerage; (3) share profits and losses from their brokerage or trading; or (4) regularly share a deck of orders.
the actual law source: uscode.house.gov ↗public domain
(a) Issuance of regulations

The Commission shall issue regulations to prohibit the privilege of dual trading in security futures products on each contract market and registered derivatives transaction execution facility. The regulations issued by the Commission under this section—

(1)

shall provide that the prohibition of dual trading thereunder shall take effect upon issuance of the regulations; and

(2)

shall provide exceptions, as the Commission determines appropriate, to ensure fairness and orderly trading in security futures product markets, including—

(A)

exceptions for spread transactions and the correction of trading errors;

(B)

allowance for a customer to designate in writing not less than once annually a named floor broker to execute orders for such customer, notwithstanding the regulations to prohibit the privilege of dual trading required under this section; and

(C)

other measures reasonably designed to accommodate unique or special characteristics of individual boards of trade or contract markets, to address emergency or unusual market conditions, or otherwise to further the public interest consistent with the promotion of market efficiency, innovation, and expansion of investment opportunities, the protection of investors, and with the purposes of this section.

(b) “Dual trading” defined

As used in this section, the term “dual trading” means the execution of customer orders by a floor broker during the same trading session in which the floor broker executes any trade in the same contract market or registered derivatives transaction execution facility for—

(1)

the account of such floor broker;

(2)

an account for which such floor broker has trading discretion; or

(3)

an account controlled by a person with whom such floor broker has a relationship through membership in a broker association.

(c) “Broker association” defined

As used in this section, the term “broker association” shall include two or more contract market members or registered derivatives transaction execution facility members with floor trading privileges of whom at least one is acting as a floor broker, who—

(1)

engage in floor brokerage activity on behalf of the same employer,

(2)

have an employer and employee relationship which relates to floor brokerage activity,

(3)

share profits and losses associated with their brokerage or trading activity, or

(4)

regularly share a deck of orders.

Source credit: (Sept. 21, 1922, ch. 369, § 4j, as added Pub. L. 93–463, title II, § 203, Oct. 23, 1974, 88 Stat. 1396; amended Pub. L. 94–16, § 2, Apr. 16, 1975, 89 Stat. 77; Pub. L. 102–546, title I, §§ 101, 102(a), Oct. 28, 1992, 106 Stat. 3591, 3594; Pub. L. 106–554, § 1(a)(5) [title II, § 251(c)], Dec. 21, 2000, 114 Stat. 2763, 2763A–442.)

history & why it existsrecord from the source credit
  • 1922Enacted · Pub. L. 93-463 · 88 Stat. 1396
  • 1975Amended · Pub. L. 94-16 · 89 Stat. 77
  • 1992Amended · Pub. L. 102-546 · 106 Stat. 3591, 3594
  • 2000Amended · Pub. L. 106-554 · 114 Stat. 2763, 2763

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-463 on 1922-09-21.

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