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

submitted 104 years ago by Pub. L. 106-554 to r/title-7-AGRICULTURE · 571 words · no verdicts yet

in plain englishAI-generated · not legal advice

Securities exchanges and associations automatically become 'contract markets' for security futures products if they meet three conditions. This lets them skip separate CFTC registration. In exchange, they're exempt from several rules that apply to regular contract markets.

(a) A board of trade that's registered with the SEC as a national securities exchange, a national securities association, or that operates as an alternative trading system, automatically becomes a designated contract market for security futures products if: (1) it lists or trades no futures contracts other than security futures products; (2) it files a written notice with the Commission, in the form the Commission requires, giving whatever information the Commission decides is needed for the public interest or to protect customers; and (3) the SEC hasn't suspended its registration. This designation takes effect as soon as the notice is filed, in writing or electronically. (b)(1) A national securities exchange, association, or alternative trading system designated this way is exempt from several listed provisions of this chapter and their rules: subsections (c), (e), and (g) of section 6c; section 6j; section 7; section 7a–2; section 10a; section 12(d); section 13(f); and section 20. (2) An alternative trading system designated this way must be a member of a futures association registered under section 21, and is exempt from any provision of this chapter that would otherwise require it to set rules governing subscribers' conduct beyond their trading on the system, or to discipline subscribers other than by excluding them from trading. (3) Wherever an alternative trading system is exempt this way, the futures association it belongs to under section 21 must instead set the rules governing subscriber conduct and discipline subscribers. (4)(A) The Commission may, by rule, regulation, or order, exempt a designated contract market in security futures — with or without conditions — from any provision of this chapter or its rules, if the exemption serves the public interest and is consistent with protecting investors. (B) The Commission must set, by rule or regulation, the procedures for granting such an exemption, and may, at its own discretion, decline to even consider an application for one. (C) An alternative trading system designated as a contract market under this section is not treated as an "exchange" for any other purpose just because of that designation.
the actual law source: uscode.house.gov ↗public domain
(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) 1 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.

Source credit: (Sept. 21, 1922, ch. 369, § 5f, as added Pub. L. 106–554, § 1(a)(5) [title II, § 252(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–445.)

history & why it existsrecord from the source credit
  • 1922Enacted · Pub. L. 106-554 · 114 Stat. 2763, 2763

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-554 on 1922-09-21.

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