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Tue, 2 Jan 2018 — Amendments to NFA Registration Bylaw 1301. An explanation of the amendments can be found in the November 17, 2017 rule submission letter.
Tue, 2 Jan 2018 — Addition of NFA Interpretive Notice 9072. An explanation of the Interpretive Notice can be found in the May 25, 2017 rule submission letter.
Part 200. Registration Requirements and Procedures
Rule 205. REGISTRATION OF FLOOR BROKERS AND FLOOR TRADERS.
[Adopted effective May 31, 2002. Effective dates of amendments: July 18, 2012 and September 19, 2017.]
(a) Application for Registration.
(1) (A) Each individual applying for registration as a FB or FT must:
(i) file a Form 8-R, completed and filed in accordance with all pertinent instructions;
(ii) pay the registration fee required by Rule 203(a);
(iii) file the fingerprints of the applicant on a fingerprint card provided by NFA for that purpose, unless the applicant qualifies for an exemption from the fingerprinting requirement pursuant to Rule 209; and
(iv) file an Acknowledgement of Conditioned Registration executed by the sponsor if the applicant is subject to a Commission or NFA order imposing conditions on the applicant's registration.
(B) The provisions of paragraphs (a)(1)(A)(ii) shall not apply to any applicant for registration as a FB or FT who has a current active status at the time the Form 8-R is filed.
(2) When NFA determines that an applicant for registration as an FB or FT appears fit for registration and receives satisfactory evidence that a board of trade designated as a contact market or a SEF registered by the Commission has granted the applicant trading privileges, NFA will provide notification to the applicant and to each contract market or SEF that has granted the applicant trading privileges that the applicant's registration as an FB or FT is granted.
(b) Withdrawal of Application. Failure of an applicant to respond to a written or electronic request by NFA for clarification of application information, to submit or resubmit fingerprints in accordance with such request, or to pay the required registration fee pursuant to Rule 203(a) shall be deemed to constitute a withdrawal of the applicant's Form 8-R and shall result in the immediate termination of the applicant's temporary license, and NFA shall notify the applicant accordingly and each contract market or SEF that has granted the applicant trading privileges.
(c) Duration of Registration. A person registered as a FB or FT in accordance with this section, and whose registration has neither been revoked nor withdrawn, will continue to be so registered unless such person's trading privileges on all contract markets or SEFs have ceased: Provided, that if a FB or FT whose trading privileges on all contract markets or SEFs have ceased for reasons unrelated to any Commission action or any contract market or SEF disciplinary proceeding and whose registration is not revoked, suspended or withdrawn is granted trading privileges as a FB or FT, respectively, by any contract market or SEF where he held such privileges within the preceding sixty days, such registration as a FB or FT, respectively, shall be deemed to continue and no new application or update need be filed solely on the basis of the resumption of trading privileges. A FB or FT is prohibited from engaging in activities requiring registration under the Act or from representing himself to be a registrant under the Act or the representative or agent of any registrant during the pendency of any suspension of such registration or of all such trading privileges. In accordance with Commission Regulation 3.31(d), each contract market or SEF that has granted trading privileges to a person who is registered, or has applied for registration, as a FB or FT, must notify NFA within 60 days after such person's trading privileges on such contract market or SEF have ceased.