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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

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