Proposed Rule

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PROPOSED AMENDMENT TO NFA COMPLIANCE RULE 2-29(b)(5)

(Additions are underscored)


COMPLIANCE RULES

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RULE 2-29. COMMUNICATIONS WITH THE PUBLIC AND PROMOTIONAL MATERIAL

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  (b) Content of Promotional Material.
    No Member or Associate shall use any promotional material which:
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    (5) includes any specific numerical or statistical information about the past performance of any actual accounts (including rate of return) unless such information is and can be demonstrated to NFA to be representative of the actual performance for the same time period of all reasonably comparable accounts and, in the case of rate of return figures, unless such figures are calculated in a manner consistent with that required under CFTC Regulation 4.25(a)(78)(i)(F) and are based on the nominal account size (as described in Compliance Rule 2-34).

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