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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current asset. If the <strong>IB</strong> has received an SDN collateralized by other<br />
than readily marketable collateral, the face value of the note should<br />
be reflected as a noncurrent asset. The value of the collateral and<br />
the haircut against the collateral must be shown parenthetically on<br />
this line.<br />
If the collateral value of readily marketable collateral<br />
supporting an SDN is less than the face value of the note, the full<br />
amount of the note should still be reflected as a current asset. The<br />
deficiency in the collateral will be shown as a charge against net<br />
capital on page 5, line 11, of the Statement of the Computation of the<br />
Minimum Capital Requirements.<br />
Example<br />
Secured demand note $200,000<br />
Collateral - AT&T common stock<br />
Market value $250,000<br />
Haircut (30%) < 75,000><br />
Collateral value 175,000<br />
SDN deficiency $ 25,000<br />
========<br />
The $200,000 SDN should be shown as a current asset and a<br />
$25,000 charge should be reflected on page 5, line 11.<br />
Only cash and securities which are fully paid for and have a<br />
"ready market", as that term is defined, and which may be publicly<br />
offered or sold without registration under the Securities Act of 1933,<br />
and the offer, sale and transfer of which are not otherwise<br />
restricted, may be pledged as collateral to secure a secured demand<br />
note. See Readily Marketable on page 2-3 of these instructions.<br />
Securities used as collateral for an SDN must be in bearer form,<br />
or registered in the <strong>IB</strong>'s name, or the name of its nominee or<br />
custodian. Otherwise, no collateral value is allowed.<br />
Excess value in the collateral for one SDN may not be applied to<br />
a deficiency in another SDN's collateral.<br />
The lending of securities to an <strong>IB</strong> under a subordinated loan<br />
agreement is not recognized under <strong>CFTC</strong> rule 1.17(h), and the resulting<br />
liability will not be excluded from liabilities in calculating net<br />
capital. A satisfactory subordinated loan agreement covers only the<br />
lending of cash or a demand note secured by cash or readily marketable<br />
securities.<br />
If a deficiency in SDN collateral exists, there are alternative<br />
actions that can be taken to remedy the deficiency. The <strong>IB</strong> should<br />
review section 1.17(h)(2)(vi) of the regulations or consult with its<br />
DSRO.<br />
Line 7. - Other receivables and advances