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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.

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