CFTC Form 1-FR-IB Instructions - National Futures Association
CFTC Form 1-FR-IB Instructions - National Futures Association
CFTC Form 1-FR-IB Instructions - National Futures Association
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material effect on the reported adjusted net capital, or on excess<br />
adjusted net capital, must be reported in an attachment to the report<br />
when the report is filed.<br />
If any supplemental information has previously been reported to<br />
the DSRO and the Commission, it need not be repeated unless a<br />
significant change has occurred.<br />
Readily Marketable<br />
Where the term `ready market' (or readily marketable) is used in<br />
the regulations, the Commission applies the same definition as that<br />
found in SEC rule 240.15c3-1(c)(11).<br />
(i) The term "ready market" shall include a recognized<br />
established securities market in which there exist independent<br />
bona fide offers to buy and sell so that a price reasonably<br />
related to the last sales price or current bona fide competitive<br />
bid and offer quotations can be determined for a particular<br />
security almost instantaneously and where payment will be<br />
received in settlement of a sale at such price within a<br />
relatively short time conforming to trade custom.<br />
(ii) A "ready market" shall also be deemed to exist where<br />
securities have been accepted as collateral for a loan by a bank<br />
as defined in section 3(a)(6) of the Securities Exchange Act of<br />
1934 and where the [<strong>IB</strong>] demonstrates to its [regulator] that<br />
such securities adequately secure such loans as that term<br />
(adequately secured) is defined in [SEC rule 240.15c3-1(c)(5)].<br />
Secured Receivables<br />
To be considered "good" security for a receivable, collateral<br />
must be readily marketable, otherwise unencumbered, and readily<br />
convertible into cash. Also, the collateral must be in the possession<br />
or control of the <strong>IB</strong>, or the <strong>IB</strong> must have a legally enforceable,<br />
written security agreement signed by the debtor, and a perfected<br />
security interest in the collateral.<br />
Any securities or property held by an <strong>IB</strong> as collateral against a<br />
receivable must be reduced by the appropriate haircut in determining<br />
the extent to which a receivable is secured.<br />
Warehouse receipts are good collateral if the commodity covered<br />
by the warehouse receipt has a ready market.<br />
The following are not good security for a receivable:<br />
- <strong>Futures</strong> and option contracts<br />
- Exchange memberships