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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Equity Capital<br />
Equity capital is the total of:<br />
A. An <strong>IB</strong>'s ownership equity/partnership capital accounts, and<br />
B. that amount of the <strong>IB</strong>'s total satisfactory subordinated debt<br />
that qualifies as equity capital.<br />
Subordinated debt qualifies as equity capital if it meets the<br />
following conditions:<br />
A. the subordinated loan agreement was entered into by a partner<br />
or stockholder in the <strong>IB</strong>;<br />
B. the subordination agreement has an initial term of at least<br />
three years;<br />
C. the agreement has a remaining term of at least one year.<br />
This means subordinated debt covered by an agreement that<br />
matures in the next year no longer qualifies as equity capital,<br />
even if it had qualified previously;<br />
D. the agreement has no provision for acceleration of its<br />
maturity date, as provided in sections 1.17(h)(2)(ix)(A) or<br />
1.17(h)(2)(x)(A) or (B);<br />
E. the agreement has no provisions for special prepayment under<br />
section 1.17(h)(2)(vii)(B); and<br />
F. the funds are in fact maintained as equity capital pursuant<br />
to the provision of regulation 1.17(e).<br />
See the next page for Debt-Equity Ratio calculation.