Promotional Material FAQs

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.

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.

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.

Promotional material should be emailed to Promotional material should be submitted by a principal of the firm and include contact information.

In general, promotional material submitted through NFA's pre-review program is reviewed within 14 days of the date of receipt.

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.

A Member must keep all promotional material on file for 5 years from the date of last use and have it readily accessible during the first 2 years of the five-year period. Review NFA Compliance Rule 2-29(f) and CFTC Regulation 1.31 for more guidance.