To become an independent IB, a guaranteed IB must file a notice with its guarantor and NFA terminating the guarantee agreement and must file a financial statement with NFA demonstrating the IB's compliance with the minimum net capital requirements. The financial filing requirement may be satisfied by filing either 1) an audited Form 1-FR-IB or FOCUS Report that is less than 45 days old as of the date received by NFA or 2) an audited Form 1-FR-IB or FOCUS Report that is less than one-year-old as of the date received by NFA and an unaudited Form 1-FR-IB or Focus Report that is less than 17 business days old as of the date received by NFA.
The IB must include a statement describing the source of its current assets and representing that its capital has been contributed for the purpose of operating its business and will continue to be used for that purpose. Additionally, the IB must file a statement establishing a fiscal year-end.