1. What is promotional material?
Except for routine day-to-day communications, most communications with the public are considered promotional material. This includes websites and social networking communications. Review NFA Compliance Rule 2-29(i)(1) and NFA's Promotional Material Guide for more guidance.
What is promotional material?2. Am I required to submit promotional material to NFA for review?
It depends. NFA Compliance Rule 2-29(h) requires Members to submit TV and radio ads and any other audio or video advertisement distributed through media accessible by the public to NFA ten days prior to first use if those ads make specific recommendations or mention how much customers have profited in the past or could profit in the future. NFA also has the authority to require a particular firm to submit its material for pre-review. Otherwise, you do not have to submit your promotional material to NFA.
Am I required to submit promotional material to NFA for review?3. Will you review promotional material even if I'm not required to submit it?
Yes. NFA encourages Members to use NFA's pre-review program. The program allows Members to submit promotional material to NFA for comment if the material has not yet been used.
Will you review promotional material even if I'm not required to submit it?4. How do I submit promotional material for review?
Promotional material should be emailed to art@nfa.futures.org. Promotional material should be submitted by a principal of the firm and include contact information.
How do I submit promotional material for review?5. How long is the review process?
In general, promotional material submitted through NFA's pre-review program is reviewed within 14 days of the date of receipt.
How long is the review process?6. What NFA Rule governs the use of promotional material?
NFA Compliance Rule 2-29 governs the use of promotional material.
What NFA Rule governs the use of promotional material?7. Is a Member firm responsible for links on its website?
Member firms must supervise their own activities in including website links. Review NFA Compliance Rule 2-29 and the Interpretive Notice 9037 for more guidance.
Is a Member firm responsible for links on its website?8. How long do I need to maintain promotional material on file?
A Member must keep all promotional material on file for five (5) years from the date of last use and have it readily accessible during the first two (2) years of the five-year period. Review NFA Compliance Rule 2-29(f) and CFTC Regulation 1.31 for more guidance.
How long do I need to maintain promotional material on file?