Retail Foreign Exchange Dealer (RFED) Reporting Requirements
Note: This is not an all-inclusive list of reporting requirements. Please review NFA's rules and the CFTC's regulations for additional reporting requirements.
Forex Daily Report
Daily, due by noon on the next business day
Customer funds on deposit and where they are held, customer open positions, amount due to customers, names of counterparties. Qualifying institutions holding assets used to cover the firm's liabilities owed to its retail forex customers must report the balances in the firm's account(s) held at the qualifying institution to NFA on a daily basis. See NFA Financial Requirement Section 13 for specific reports required.
EasyFile (Forex Filers)
Forex Monthly Report
Monthly, due within 17 business days of month end
Operational information, specifically number of retail and ECP forex customers, as well as how many customers are active, US domiciled or foreign domiciled. See NFA Financial Requirement Section 13 for specific reports required.
EasyFile (Forex Filers)
Forex Quarterly Report
Quarterly, due within 17 business days of quarter end (based off the calendar year, not the firm's fiscal year)
Performance disclosures required by CFTC Regulation 5.5(e)(1)(i)-(iii). Including the total number of non-discretionary retail forex customer accounts maintained by the RFED for the prior quarter, indicating the percentage that were profitable vs. non-profitable. See NFA Financial Requirement Section 13 for specific reports required.
Daily Trade Data Reports ("FORTRESS")
Daily, due by 11:59 p.m. the same day
Each Member must file a daily electronic report of trade data containing the data and be in the format prescribed by NFA. The information must be prepared as of 5:00 p.m. and filed with NFA by 11:59 p.m. the same day. See NFA Compliance Rule 2-48 for specific reports required.
Forex Transaction Reporting Execution Surveillance System (FORTRESS)
Financial Reports - Unaudited
Monthly, due within 17 business days of month end
See CFTC Regulation 1.10(d)(1) and CFTC Regulation 5.12 for the specific reports required.
WinJammerTM
Certified Financial Reports - Audited
Annually, Form 1 FR-FCM due 90 days after fiscal year end; Form FOCUS due 60 days after fiscal year end
See CFTC Regulation 1.10(d)(2) and CFTC Regulation 5.12 for the specific reports required.
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Notice of undercapitalization
Annually, Form 1 FR-FCM due 90 days after fiscal year end; Form FOCUS due 60 days after fiscal year end
Immediate notification when capital falls below level set in NFA Financial Requirements Section 12. A 1-FR- FCM/FOCUS must follow within 24 hours as required by CFTC Regulation 5.6(a).
WinJammerTM(1)
Non-current books and records
If applicable
Same day notification. Written report stating corrective action due within 48 hours as required by CFTC Regulation 5.6(c).
WinJammerTM(1)(2)
Reduction in net capital of 20% or more
If applicable
Within 2 business days of the reduction in accordance with CFTC Regulation 5.6(f)(1) or (f)(2).
Forex liabilities owed to customers exceeds forex assets
If applicable
Immediate notification required in accordance with CFTC Regulation 5.6(g).
Adjusted net capital falls below the early warning requirement/eligibility to guarantee IBs requirement
If applicable
Notification within 24 hours in accordance with CFTC Regulation 5.6(b).
Cybersecurity Incident
If applicable
Prompt notification is required for certain cybersecurity incidents. See NFA Interpretive Notice 9070 for further information.
Risk Management Program(3)
As applicable (submitted upon registration and thereafter upon request)
Policies and procedures designed to monitor and manage the risks associated with the activities of the FDM. See NFA Compliance Rule 2-36 and Interpretive Notice 9069 for further information.
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Risk Exposure Reports(3)
Quarterly and whenever a material change occurs
Report must be filed within five business days of providing to the FDM's senior management. See NFA Compliance Rule 2-36 and Interpretive Notice 9069 for further information.
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Chief Compliance Officer Report(3)
Annually
Report must be filed within 90 days after the FDM's fiscal year end. See NFA Compliance Rule 2-36 for further information.
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Material inadequacies noted by CPA in audited financials
If applicable
Notification within 24 hours. Written report stating corrective action due within 48 hours in accordance with CFTC Regulation 5.6(d).
WinJammerTM(1)(2)
Request to change fiscal year end, or Request extension of time to file financial reports
If applicable
File a copy of request and NFA’s response with regional CFTC. If firm is also registered as a B/D, must file request and DEA response with NFA and regional CFTC in accordance with CFTC Regulation 5.12(f) and (g)
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Change in security deposit amounts established by the FDM
If applicable
The FDM is required to immediately notify NFA if the FDM changes the security deposit amount established for a particular currency pair being offered to retail forex customers. See NFA Financial Requirement Section 12(f) for further information.
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Bulk Transfers
If applicable
At least five business days in advance of a transfer, the RFED must provide notice under certain conditions. See CFTC Regulation 5.23 for further information.
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Subordinated loan agreements
Standard forms are available from NFA
If applicable
Standard froms are available from NFA. The loand and all changes and amendments must be approved before the effective date. For firms also registered as a broker/dealer, any approval from the firm's DEA should also be filed. See CFTC Regulation 1.17(h) for further information.
NFA Questionnaire
Annually, to coincide with annual dues
NFA sends a yearly questionnaire.
For further information, see NFA Financial Requirement Sections 1, 2, 11,12, 13, 14, 15, NFA Compliance Rule 2-11, 2-36 and 2-48, NFA Interpretive Notice 9070, or CFTC Regulations 1.10, 5.23, 5.6 – 5.9. See http://www.cftc.gov/ucm/groups/public/@iointermediaries/documents/file/1fr-fcminstructions.pdf for 1-FR-FCM instructions.
1 An RFED must also make a similar filing with its regional CFTC office and the CFTC main office.
2 An RFED must also make a similar filing with its designated self-regulatory organization and the SEC, if applicable.
3 An RFED must comply with this requirement beginning January 4, 2016.