CUSTOMERS' MONEY, SECURITIES, AND 1.20 Customer funds to be segregated and separately accounted for. 1.21 Care of money and equities accruing to customers. 1.22 Use of customer funds restricted. 1.23 Interest of futures commission merchant in segregated funds; additions and withdrawals. 1.24 Segregated funds; exclusions therefrom. 1.25 Investment of customer funds. 1.26 Deposit of obligations purchased with customer funds. 1.27 Record of investments. 1.28 Appraisal of obligations purchased with customer funds. 1.29 Increment or interest resulting from investment of customer funds. 1.30 Loans by futures commission merchants; treatment of proceeds. 1.39 Simultaneous buyi of different principa and between principa MISCELLA 1.40 Crop, market info ports; copies require 1.41 Contract market rules to the Comm certain rules. 1.41a Delegation of aut tors of the Division kets and the Divisio ysis to process cert rules. 1.41b Delegation of au tor of the Division kets and Director of nomic Analysis. 1.41c Delegation of au tor of the Division kets to receive not action. 1.42 Delivery notice; fi 1.43 Information requi houses. 1.44 Records and repor positories, and ot visitation of premis 1.45 Delivery of comm United States stand 1.46 Application and ting long and short 1.47 Requirements for chases or sales of c livery as bona §1.3(z)(3) of the reg 1.48 Requirements for or purchases for fu fide hedging of ur duction or unfilled ments under §1.3(z the regulations. 1.50 Demonstration ance with the requ market designation 1.51 Contract market ment. 5 143 144 145 146 147 148 149 Collection of claims owed the United States aris- Procedures regarding the disclosure of information Commission records and information Implementation of the Equal Access to Justice Act Enforcement of nondiscrimination on the basis of 396 397 400 414 423 431 150 155 Trading standards 171 180 190 Registered futures associations Rules relating to review of National Futures Asso- Arbitration or other dispute settlement procedures 191-199 [Reserved] 461 475 479 1.31 Books and records; keeping and inspec- 1.32 Segregated account; daily computation 1.33 Monthly and confirmation statements. 1.34 Monthly record, "point balance". 1.35 Records of cash commodity, futures, 1.36 Record of securities and property re- ceived from customers and option cus- 1.37 Customer's or option customer's name, address, and occupation recorded; record of guarantor or controller of account. 1.39 Simultaneous buying and selling orders 1.40 Crop, market information letters, re- 1.41 Contract market rules; submission of rules to the Commission; exemption of 1.41a Delegation of authority to the Direc- tors of the Division of Trading and Mar- kets and the Division of Economic Anal- ysis to process certain contract market 1.41b Delegation of authority to the Direc- tor of the Division of Trading and Mar- kets and Director of the Division of Eco- 1.41c Delegation of authority to the Direc- tor of the Division of Trading and Mar- kets to receive notice of an emergency 1.44 Records and reports of warehouses, de- positories, and other similar entities; 1.45 Delivery of commodities conforming to 1.46 Application and closing out of off-set- ting long and short positions. 1.47 Requirements for classification of pur- chases or sales of contracts for future de- livery as bona fide hedging under §1.3(z)(3) of the regulations. 1.48 Requirements for classification of sales or purchases for future delivery as bona fide hedging of unsold anticipated pro- duction or unfilled anticipated require- ments under §1.3(z)(2) (i)(B) or (ii) (C) of 1.50 Demonstration of continued compli- 5 1.52 Self-regulatory organization adoption and surveillance of minimum financial requirements. 1.53 Enforcement of contract market bylaws, rules, regulations, and resolutions. 1.54 Contract market rules submitted to and approved or not disapproved by the Secretary of Agriculture. 1.55 Distribution of "Risk Disclosure Statement" by futures commission merchants and introducing brokers. 1.56 Prohibition of guarantees against loss. 1.57 Operations and activities of introducing brokers. 1.58 Gross collection of exchange-set margins. 1.59 Activities of self-regulatory organization employees and governing members who possess material, non-public information. 1.60 Pending legal proceedings. 1.61 Speculative position limits. 1.62 Contract market requirement for floor broker and floor trader registration. 1.63 Service on self-regulatory organization governing boards or committees by persons with disciplinary histories. 1.64 Composition of various self-regulatory organization governing boards and major disciplinary committees. 1.65 Notice of bulk transfers and disclosure obligations to customers. 1.66 No-action positions with respect to floor traders. 1.67 Notification of final disciplinary action involving financial harm to a customer. 1.70 Notification of State enforcement actions brought under the Commodity Exchange Act. APPENDIX A TO PART 1-[RESERVED] AUTHORITY: 7 U.S.C. 1a, 2, 2a, 4, 4a, 6, 6a, 6b, 6c, 6d, 6e, 6f, 6g, 6h, 61, 6j, 6k, 61, 6m, 6, 60, 6p, 7, 7a, 7b, 8, 9, 12, 12a, 12c, 13a, 13a-1, 16, 16a, 19, 21, 23, 24. SOURCE: 41 FR 3194, Jan. 21, 1976, unless otherwise noted. DEFINITIONS § 1.1 Words in singular and plural form. Words used in the singular form in the rules and regulations in this part shall be deemed to import the plural, and vice versa, as the case may require. § 1.2 Liability of principal for act of agent. The act, omission, or failure of any official, agent, or other person acting for any individual, association, part nership, corporation, or trust, within the scope of his employment or office, shall be deemed the act, omission, or failure of such individual, association, partnership, corporation, or trust as well as of such official, agent, or other person. §1.3 Definitions. The following terms, as used in the Commodity Exchange Act, or in the rules and regulations in this chapter, shall have the meanings hereby assigned to them, unless the context otherwise requires: (a) Board of Trade. This term means any exchange or association, whether incorporated or unincorporated, of persons who shall be engaged in the business of buying or selling any commodity or receiving the same for sale on consignment. (b) Business day. This term means any day other than a Sunday or holiday. In all notices required by the act or by the rules and regulations in this chapter to be given in terms of business days the rule for computing time shall be to exclude the day on which notice is given and include the day on which shall take place the act of which notice is given. (c) Clearing member. This term means any person who is a member of, or enjoys the privilege of clearing trades in his own name through, the clearing organization of a contract market. (d) Clearing organization. This term means the person or organization which acts as a medium for clearing transactions in commodities for future delivery or commodity option transactions, or for effecting settlements of contracts for future delivery or commodity option transactions, for and between members of any contract market. (e) Commodity. This term means and includes wheat, cotton, rice, corn, oats, barley, rye, flaxseed, grain sorghums, millfeeds, butter, eggs, Irish potatoes, wool, wool tops, fats and oils (including lard, tallow, cottonseed oil, peanut oil, soybean oil, and all other fats and oils), cottonseed meal, cottonseed, peanuts, soybeans, soybean meal, livestock, livestock products, and frozen concentrated orange juice, and all other goods and articles, except onions as part 33 of this chapter. (i) Contract of sale. This term includes sales, purchases, agreements of sale or purchase and agreements to sell or purchase. (j) Controlled account. An account shall be deemed to be controlled by a person if such person by power of attorney or otherwise actually directs trading for such account. customer. (k) Customer; commodity These terms have the same meaning and refer to a customer trading in any commodity named in the definition of commodity herein: Provided, however, An owner or holder of a proprietary account as defined in paragraph (y) of this section shall not be deemed to be a customer within the meaning of section 4d of the Act, the regulations that implement sections 4d and 4f of the Act and §1.35, and such an owner or holder of such a proprietary account shall otherwise be deemed to be a customer within the meaning of the Act and §§1.37 and 1.46 and all other sections of these rules, regulations and orders which do not implement sections 4d and 4f. (1) Delivery month. This term means the month of delivery specified in a contract of sale of any commodity for future delivery. (m) [Reserved] (n) Floor broker. This term means any person who, in or surrounding any pit, ring, post or other place provided by a contract market for the meeting of persons similarly engaged, shall purchase or sell for any other person any commodity for future delivery on or subject to the rules of any contract market and shall include any person tion or acceptation any money, secur extends credit in gin, guarantee or be contracts that res therefrom; and (2) Shall include to register as a 1 merchant under the part 32 or part 33 of (q) Member of a c term means and in associations, part tions, and trusts membership in, or bership representat market or given privileges thereon. (r) Net equity. Th credit balance whic by combining the balance of any pe profit or loss, if an open trades or cont option transactions (s) Net deficit. Th debit balance which by combining the balance of any pe profit or loss, if an open trades or cont option transactions (t) Open contracts contracts of purch commodity made b on or subject to the trade for future deli fied month or del: have not been fulfil offset by other cont chase in the same livery month. 7 |