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7 U.S.C. § 6nRegistration of commodity trading advisors and commodity pool operators; application; expiration and renewal; record keeping and reports; disclosure; statements of account

submitted 104 years ago by Pub. L. 93-463 to r/title-7-AGRICULTURE · 542 words · no verdicts yet

in plain englishAI-generated · not legal advice

Commodity trading advisors and pool operators can register by filing a detailed application with the Commission covering their business, staff, and compensation. Registration expires yearly and renews on the same terms as an original application. Registered advisors and operators must keep records for at least three years and give participants regular account statements.

(1) A commodity trading advisor or commodity pool operator — or anyone planning to become one — can register by filing an application with the Commission. The application must include what the Commission requires by rule, including: (A) the applicant's name, business structure, capital setup, home state of organization, office locations, names of partners/officers/directors and similar people (or the individual applicant), and number of employees; (B) the education and last-ten-years' business history of the applicant and its partners, officers, directors, and controlling people; (C) how the applicant runs its business, including how it gives advice and prepares analyses or reports; (D) how much authority the applicant has, or will have, over clients' funds and accounts; (E) how the applicant is or will be paid; and (F) any other information the Commission needs to decide if the applicant qualifies. (2) Registration expires every June 30, or on another date the Commission sets that's at least a year after the registration started. It renews under the same requirements as a first-time application. (3)(A) Every registered commodity trading advisor and commodity pool operator must keep books and records and file reports as the Commission prescribes. Records must be kept at least three years — longer if the Commission says so — and must be open to inspection by the Commission or the Department of Justice. If the Commission asks, a registered advisor or operator must supply the name and address of every client, subscriber, or participant, and hand over samples or copies of every report, letter, circular, memo, publication, or other advice sent to clients, subscribers, participants, or prospects. (B) Unless the Commission says otherwise, advisors and operators must fully disclose to their clients, subscribers, or participants every futures market position their own principals hold. (4) Every commodity pool operator must regularly send account statements to each participant in the pool. These statements must follow the Commission's required form and include complete, current information about every trading account the participant has an interest in.
the actual law source: uscode.house.gov ↗public domain
(1)

Any commodity trading advisor or commodity pool operator, or any person who contemplates becoming a commodity trading advisor or commodity pool operator, may register under this chapter by filing an application with the Commission. Such application shall contain such information, in such form and detail, as the Commission may, by rules and regulations, prescribe as necessary or appropriate in the public interest, including the following:

(A)

the name and form of organization, including capital structure, under which the applicant engages or intends to engage in business; the name of the State under the laws of which he is organized; the location of his principal business office and branch offices, if any; the names and addresses of all partners, officers, directors, and persons performing similar functions or, if the applicant be an individual, of such individual; and the number of employees;

(B)

the education, the business affiliations for the past ten years, and the present business affiliations of the applicant and of his partners, officers, directors, and persons performing similar functions and of any controlling person thereof;

(C)

the nature of the business of the applicant, including the manner of giving advice and rendering of analyses or reports;

(D)

the nature and scope of the authority of the applicant with respect to clients’ funds and accounts;

(E)

the basis upon which the applicant is or will be compensated; and

(F)

such other information as the Commission may require to determine whether the applicant is qualified for registration.

(2)

Each registration under this section shall expire on the 30th day of June of each year, or at such other time, not less than one year from the effective date thereof, as the Commission may by rule, regulation, or order prescribe, and shall be renewed upon application therefor subject to the same requirements as in the case of an original application.

(3)
(A)

Every commodity trading advisor and commodity pool operator registered under this chapter shall maintain books and records and file such reports in such form and manner as may be prescribed by the Commission. All such books and records shall be kept for a period of at least three years, or longer if the Commission so directs, and shall be open to inspection by any representative of the Commission or the Department of Justice. Upon the request of the Commission, a registered commodity trading advisor or commodity pool operator shall furnish the name and address of each client, subscriber, or participant, and submit samples or copies of all reports, letters, circulars, memorandums, publications, writings, or other literature or advice distributed to clients, subscribers, or participants, or prospective clients, subscribers, or participants.

(B)

Unless otherwise authorized by the Commission by rule or regulation, all commodity trading advisors and commodity pool operators shall make a full and complete disclosure to their subscribers, clients, or participants of all futures market positions taken or held by the individual principals of their organization.

(4)

Every commodity pool operator shall regularly furnish statements of account to each participant in his operations. Such statements shall be in such form and manner as may be prescribed by the Commission and shall include complete information as to the current status of all trading accounts in which such participant has an interest.

Source credit: (Sept. 21, 1922, ch. 369, § 4n, as added Pub. L. 93–463, title II, § 205(a), Oct. 23, 1974, 88 Stat. 1398; amended Pub. L. 95–405, § 9, Sept. 30, 1978, 92 Stat. 870; Pub. L. 97–444, title II, § 213, Jan. 11, 1983, 96 Stat. 2305.)

history & why it existsrecord from the source credit
  • 1922Enacted · Pub. L. 93-463 · 88 Stat. 1398
  • 1978Amended · Pub. L. 95-405 · 92 Stat. 870
  • 1983Amended · Pub. L. 97-444 · 96 Stat. 2305

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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