16.01.2015 Views

2005 Annual Review - National Futures Association

2005 Annual Review - National Futures Association

2005 Annual Review - National Futures Association

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

<strong>2005</strong><br />

ANNUAL<br />

REVIEW<br />

an<br />

independent<br />

voice<br />

IN CHALLENGING TIMES


a letter<br />

FROM THE CHIEF EXECUTIVE OFFICER AND CHAIRMAN OF THE BOARD<br />

These are extraordinary times for the futures industry. Arguably, we have never before experienced such a sustained<br />

period of dramatic growth in trading volume. Lower fees, new contracts and easier access to the markets have all<br />

contributed to the industry’s continuing success.<br />

These are also challenging times. Although this <strong>Annual</strong> <strong>Review</strong> highlights NFA’s accomplishments during our most<br />

recent fiscal year (July 1, 2004 through June 30, <strong>2005</strong>), we are going to press just as news of an accounting irregularity<br />

involving Refco, Inc., the parent company of an FCM Member of NFA, is emerging. The investigation is in its early<br />

stages, but the repercussions are already being felt, fueled by some inaccurate initial media coverage.<br />

Some newspaper and magazine articles suggested that the Refco situation was a result of ineffective regulation in<br />

the futures industry. This is simply not true. While some of Refco’s affiliates ceased operations, its business as a regulated<br />

<strong>Futures</strong> Commission Merchant continued to meet all of its obligations. The regulatory safeguards in place in the<br />

futures industry–segregated customer funds, daily clearing of all trades, minimum financial requirements–helped to<br />

assure futures customers that their funds at Refco LLC were secure. In fact, these safeguards, combined with vigilant<br />

supervision by the CFTC, the Chicago Mercantile Exchange (Refco’s designated self-regulatory organization) and NFA,<br />

demonstrated the industry’s regulatory strengths.<br />

The challenge the futures industry faces as a result of the events at Refco is to sustain the public’s confidence in<br />

the futures markets by combating false or misleading information. The industry needs to say loudly and clearly that the<br />

futures markets and the firms and individuals who work in the futures markets are held to the highest standards of<br />

business practice.<br />

The industry should have no problem echoing these sentiments because the principle of market integrity is<br />

something we all agree on. Speaking with a unified voice on other issues, however, is sometimes difficult. This is an<br />

industry with a broad spectrum of constituents. FCMs, CPOs, CTAs, IBs, the futures exchanges, the CFTC, trade<br />

associations–all speak with voices that reflect their particular business needs and goals.<br />

Amidst all these voices, we believe NFA’s is unique. We are an independent self-regulatory organization. We do not<br />

operate an exchange, and we are not a lobbying organization. Regulation is all we do, and we are committed to<br />

providing the most efficient and effective regulation possible.<br />

This past year the industry’s voices were focused on another issue that remains unresolved as we go to press–the<br />

CFTC’s reauthorization. This year’s reauthorization has witnessed a wide range of opinions and recommendations, especially<br />

regarding the issue of clarifying the CFTC’s jurisdiction over the retail off-exchange foreign currency (forex) market.<br />

When invited to speak at congressional hearings last year, we took an independent stand by proposing amendments to<br />

the Commodity Exchange Act to ensure that off-exchange retail forex transactions–as well as other products that look like<br />

futures, act like futures and are sold like futures–are within the CFTC’s jurisdiction. We also proposed an amendment to the<br />

Act to prohibit unregulated persons from soliciting retail off-exchange forex transactions or managing retail forex accounts.<br />

In addition to our testimony at congressional hearings, we met individually with congressional leaders and their<br />

staff, as well as the President’s Working Group. We also had many discussions with industry and government<br />

representatives to try to reach a consensus. We will continue to voice our concerns and to collaborate with others in<br />

the industry to reach a workable solution.<br />

Most importantly, we will use our independent voice to tell the industry and the world that self-regulation in the<br />

futures industry has been and will continue to be successful in safeguarding market integrity and protecting investors.<br />

Our voice will always be raised in pursuit of those goals.<br />

Daniel J. Roth<br />

President and CEO<br />

Michael R. Schaefer<br />

Chairman of the Board<br />

2<br />

NFA<br />

<strong>2005</strong> ANNUAL REVIEW


INTRODUCTION<br />

NFA’s voice has many facets:<br />

an auditor discussing the results of an<br />

examination with an NFA Member; an<br />

attorney presenting an enforcement case<br />

to the members of NFA’s Business Conduct<br />

Committee; an Information Center<br />

Representative answering questions from<br />

Members and investors; a systems developer<br />

collaborating with end users on a new<br />

system that will increase efficiency. All of<br />

these voices belong to skilled, experienced<br />

employees who help NFA accomplish its<br />

corporate mission and goals. They are<br />

professional, knowledgeable and united<br />

behind a common goal–market integrity<br />

and investor protection.<br />

A Forceful Voice 4<br />

A Constructive Voice 4<br />

A Pragmatic Voice 7<br />

An Independent Voice 8<br />

NFA Officers & Board of Directors 10<br />

<strong>2005</strong> Financials 12<br />

About NFA 19<br />

NFA Chairman of the Board Michael R. Schaefer (left) and<br />

NFA President and CEO Daniel J. Roth.<br />

This report highlights NFA’s Fiscal Year <strong>2005</strong><br />

(July 1, 2004 through June 30, <strong>2005</strong>)<br />

3


A Forceful Voice<br />

Strong rulemaking and vigilant rule<br />

enforcement are essential to self-regulatory<br />

success. During Fiscal Year <strong>2005</strong>,<br />

NFA amended existing rules and developed<br />

new regulations to address the<br />

needs of the industry. We also took<br />

several disciplinary actions necessary to<br />

maintain the integrity of the futures<br />

markets.<br />

Much of our rulemaking initiatives during<br />

the past year focused on the offexchange<br />

retail forex markets, which<br />

continue to experience dramatic growth.<br />

At the beginning of our fiscal year (July<br />

1, 2004), we had registered 17 active<br />

Forex Dealer Members holding approximately<br />

$430 million in customer funds.<br />

Twelve months later, we had 28 active<br />

Forex Dealer Members holding approximately<br />

$610 million.<br />

Since NFA’s initial forex rules and<br />

Interpretive Notice became effective in<br />

December 2003, we have closely monitored<br />

the rules’ viability and effectiveness.<br />

Last year, we amended two<br />

Interpretive Notices to require Forex<br />

Dealer Members to disclose the bid-ask<br />

spread to their customers and to clarify<br />

that NFA’s enhanced supervisory requirements<br />

also apply to the retail forex<br />

activities of Members subject to NFA<br />

Compliance Rule 2-36.<br />

Realizing that additional regulatory<br />

action was needed, we appointed a<br />

Special Committee to Study Customer<br />

Protection Issues in November 2004.<br />

The committee, comprised of industry<br />

and public representatives, was given the<br />

responsibility to address a variety of<br />

issues, beginning with retail off-exchange<br />

forex transactions.<br />

Under the committee’s guidance, we<br />

developed additional rules that will<br />

become effective in FY 2006, including a<br />

requirement for Forex Dealer Members<br />

to provide their customers with written<br />

information regarding NFA’s Background<br />

Affiliation Status Information<br />

Center (BASIC) system when the customer<br />

first opens an account and at least<br />

once a year thereafter and rule amendments<br />

designed to strengthen the capital<br />

requirements for Forex Dealer Members.<br />

Another developing trend in the futures<br />

industry is the increasing number of NFA<br />

Member firms that offer trade execution<br />

services to customers who use computerized<br />

trading systems. Since many of the<br />

developers of the systems are not required<br />

to register with the CFTC, NFA developed<br />

an Interpretive Notice addressing<br />

the responsibilities an NFA Member has<br />

when conducting business with these<br />

entities. In particular, the Notice outlines<br />

the conditions under which an NFA<br />

Member may be held accountable for<br />

misleading promotional material.<br />

We are always evaluating the effectiveness<br />

of our rules, and when we discover<br />

individuals or firms attempting to evade<br />

a rule, we take action. For example, NFA<br />

Compliance Rule 2-6 prohibits a<br />

Member or Associate from conducting<br />

commodity futures business with a suspended<br />

Member or Associate during the<br />

period of suspension unless otherwise<br />

authorized. In the last few years, NFA<br />

has encountered several instances where<br />

brokers who have been barred from<br />

NFA membership as a result of an NFA<br />

sales practice case have continued to<br />

work at a Member firm. When questioned,<br />

these individuals claimed they<br />

were not involved in the firm’s “commodity<br />

futures business” and were therefore<br />

not subject to the rule.<br />

To address this issue, NFA amended Rule<br />

2-6 to extend the prohibition to expelled<br />

Members in addition to suspended<br />

Members. We also developed an<br />

Interpretive Notice, “Conducting<br />

Commodity <strong>Futures</strong> Business with an<br />

Expelled or Suspended Member or<br />

Associate,” that defines “commodity<br />

futures business” as any and all activities<br />

performed on behalf of, and in connection<br />

with, an NFA Member’s futures<br />

business, including acting as employees,<br />

consultants, independent contractors<br />

agents or unpaid volunteers.<br />

A Constructive Voice<br />

Since its inception, NFA’s philosophy has<br />

been that it is more beneficial to prevent<br />

rule violations than to prosecute them.<br />

During this past year NFA developed<br />

additional materials to help our Members<br />

meet their regulatory responsibilities.<br />

In the last few years, Members have had<br />

to contend with several new regulations<br />

(anti-money laundering programs,<br />

forex, disaster recovery, privacy and others).<br />

Responding to feedback from<br />

Members asking for more guidance on<br />

these issues, NFA developed questionnaires<br />

for anti-money laundering,<br />

disaster recover, privacy rules and<br />

ethics training. Firms can use these<br />

questionnaires to help them ensure<br />

that their procedures cover all the<br />

required areas. Each questionnaire is<br />

attached as an appendix to NFA’s<br />

Self-Examination Checklist or can be<br />

downloaded individually from NFA’s<br />

Web site (www.nfa.futures.org).<br />

4<br />

NFA<br />

<strong>2005</strong> ANNUAL REVIEW


One of the primary ways NFA detects rule<br />

violations is through audits of Member<br />

firms. During FY <strong>2005</strong>, we conducted over<br />

650 examinations, looking at all aspects of<br />

a firm’s business. In over 30 percent of the<br />

examinations, we noted no concerns. In<br />

over 60 percent, the audits revealed routine<br />

deficiencies, which the firms corrected in a<br />

timely manner.<br />

In only seven percent of the examinations<br />

did we find serious violations. Last year we<br />

issued Complaints against 76 respondents<br />

and issued 20 Decisions resolving charges<br />

against 33 respondents. We ordered 10<br />

expulsions and 9 suspensions.<br />

An important aspect of our enforcement<br />

efforts is the collaborative work we do<br />

with other agencies. Several Compliance<br />

staff testified last year in cases for the<br />

CFTC, many of which were taken by the<br />

CFTC as a result of our own enforcement<br />

efforts. We also collaborated on a case<br />

with the New Jersey U.S. Attorney’s Office<br />

and provided expert witness testimony in<br />

several other cases. In addition, we assisted<br />

in several criminal prosecutions, including<br />

the case against Philadelphia Alternative Asset<br />

Management Co. LLC, located in Philadelphia,<br />

and its principal, Paul M. Eustace.<br />

A Coordinated Compliance Campaign<br />

Throughout NFA’s history, our Business<br />

Conduct Committee (BCC) has fined or<br />

expelled a disproportionate number of firms<br />

located in South Florida. Although we have<br />

made significant strides in reducing the number<br />

of firms that violate our sales practice<br />

rules (customer complaints have decreased<br />

by 70% since we began operations), South<br />

Florida continues to be a problem area.<br />

In FY <strong>2005</strong> we staged a coordinated<br />

compliance campaign focused on firms in<br />

South Florida. First, we surveyed 1,100<br />

customers of the firms to help us identify<br />

potential problems. If a customer indicated a<br />

problem, NFA staff telephoned the customer<br />

to conduct an in-depth interview.<br />

Then, over a two-week period in November<br />

2004, audit teams conducted on-site investigations<br />

at 20 active firms. Since that time,<br />

NFA has developed cases against nearly 50<br />

percent of the firms we investigated and has<br />

presented seven of the cases to the BCC.<br />

We appointed a<br />

Special Committee<br />

to Study Customer<br />

Protection Issues to<br />

address a variety of<br />

issues, beginning<br />

with retail offexchange<br />

forex<br />

transactions.<br />

NFA employees (from left)<br />

Vilia Sutkus-Kiela, Todd Joseph,<br />

William Gerlesits and<br />

Lisa Marlow<br />

5


Helping Investors Reclaim<br />

Some of Their Losses<br />

NFA’s restitution service, which usually<br />

applies to judgments awarded in CFTC cases,<br />

helps investors receive some of the money<br />

they have lost due to investment fraud.<br />

Sometimes the logistics of returning the<br />

money can be quite challenging.<br />

In June 2003, for example, the CFTC asked<br />

NFA to be the court-appointed monitor in a<br />

ten-year old case. Working only with boxes of<br />

customer account forms that did not include<br />

customer names or addresses, a team of NFA<br />

employees went through the arduous process<br />

of identifying eligible customers and then<br />

attempting to locate them.<br />

Through our efforts we located more than<br />

500 investors, and in November 2004 we<br />

distributed more than $200,000 to those<br />

individuals.<br />

“Issues and Answers” Member meetings<br />

have been a highly successful program for<br />

NFA over the past three years. At these<br />

meetings, NFA staff members discuss new<br />

rules and regulations, describe common<br />

audit deficiencies and how to avoid them,<br />

and field questions from the audience.<br />

NFA held five “Issues and Answers”<br />

meetings in FY <strong>2005</strong> and will continue the<br />

program in 2006.<br />

“Issues and Answers”<br />

Member meetings<br />

have been a highly<br />

successful program–<br />

NFA staff members<br />

discuss new rules and<br />

regulations, describe<br />

common audit deficiencies<br />

and how to<br />

avoid them, and<br />

field questions.<br />

NFA employees (from left)<br />

Cleo Cowans, Suzanne Cech,<br />

Cecilia Krueger and<br />

Scott Reeves<br />

6<br />

NFA<br />

<strong>2005</strong> ANNUAL REVIEW


NFA’s education programs are also<br />

becoming increasingly popular internationally.<br />

Last year, NFA staff members<br />

traveled to India to present a futures<br />

market regulatory training program to<br />

several groups of regulators. In addition,<br />

representatives from the Chinese<br />

<strong>Futures</strong> <strong>Association</strong> and the China<br />

Securities Regulatory Commission<br />

traveled to Chicago for a two-week<br />

training program.<br />

Two of NFA’s most important educational<br />

resources—available to Members,<br />

investors and others with an interest<br />

in the futures industry—are our<br />

Information Center and Web site.<br />

Every month Information Center<br />

Representatives receive approximately<br />

4,500 telephone calls, and visitors to our<br />

Web site access nearly one million<br />

pages of information.<br />

An important component of our Web<br />

site is the Background Affiliation Status<br />

Information Center (BASIC), an extensive<br />

database of registration and disciplinary<br />

information on futures firms and<br />

individuals. Last year, NFA Members<br />

and the investing public conducted more<br />

than 600,000 BASIC searches.<br />

We continue to expand the information<br />

and services available on our Web site.<br />

Last year we launched an e-mail subscription<br />

service to allow individuals to<br />

receive Notices to Members, Advisories<br />

and other compliance-related information<br />

as it is published.<br />

Our participation in the International<br />

Traders Expos provides many opportunities<br />

for us to meet with individual<br />

investors. The three-day conferences,<br />

held in various cities around the country,<br />

offer many educational sessions and<br />

each Expo attracts approximately 5,000<br />

individuals. Reflecting our increased<br />

presence at the Expos, NFA staff has<br />

been invited to speak at various educational<br />

sessions offered during the event.<br />

The services we provide investors are<br />

not limited to education. Investors continue<br />

to turn to NFA’s arbitration and<br />

mediation services to resolve their<br />

futures-related disputes. During the past<br />

fiscal year, NFA received 169 arbitration<br />

claims. The average turnaround<br />

time for an arbitration case was less than<br />

seven months.<br />

One of the most rewarding customer<br />

service initiatives is our restitution program.<br />

The program, which usually<br />

applies to judgments awarded in CFTC<br />

cases, helps investors recover some of<br />

the money they have lost due to investment<br />

fraud. During Fiscal Year <strong>2005</strong>,<br />

NFA distributed more than $2.4 million<br />

in restitution funds to over 3,000<br />

investors. In addition, we collected<br />

$151,000 in civil monetary penalties<br />

for the CFTC.<br />

A Pragmatic Voice<br />

Simply put, NFA likes to solve problems,<br />

not create them. We are always<br />

examining issues—both internally and<br />

externally—to determine what changes<br />

can be made to bring more clarity and<br />

efficiency to industry programs and<br />

procedures.<br />

For example, we developed a pilot<br />

program for Commodity Pool<br />

Operators to file their pool financial<br />

statements electronically through our<br />

Web-based EasyFile system. During this<br />

voluntary program over 15% of the<br />

2004 statements were filed through<br />

EasyFile, and NFA received very positive<br />

feedback from the CPOs who used the<br />

system.<br />

Due to the success of the pilot program,<br />

we decided to make EasyFile mandatory<br />

for the December 31, <strong>2005</strong> filings. We<br />

have requested the CFTC make the rule<br />

changes that will require electronic filing<br />

and eliminate the need for manual signatures.<br />

Not only will EasyFile simplify the<br />

filing process for CPOs, it will also<br />

reduce the time it takes NFA staff to<br />

review pool financial statements.<br />

We also redesigned the data entry modules<br />

for the Background Affiliation<br />

Status Information Center (BASIC) system.<br />

NFA, the CFTC and the U.S.<br />

futures exchanges all contribute registration<br />

and disciplinary information to the<br />

BASIC database. The entry of case information<br />

by all of these contributors is<br />

now easier, quicker and more efficient.<br />

7


As we reported earlier in this publication,<br />

our restitution service helps<br />

investors recover money from judgments<br />

awarded in CFTC cases. Last year we<br />

automated most of the processes relating<br />

to the administration of restitution<br />

orders. The Restitution Processing<br />

System provides an efficient method of<br />

maintaining addresses and contact information<br />

for all parties involved in the<br />

case and provides tools for calculating<br />

the amount of restitution each harmed<br />

investor will receive whenever a distribution<br />

is made.<br />

In 2002 we launched our Online<br />

Registration System (ORS) to increase<br />

registration efficiencies and reduce the<br />

amount of paper files that NFA and<br />

Member firms were required to maintain.<br />

Last year we developed a quality<br />

assurance program in which we review<br />

information entered into ORS for<br />

erroneous, inaccurate or problematic<br />

information. In addition, we made<br />

several enhancements to ORS as a result<br />

of feedback from our Members. Most<br />

notably, we developed a new feature to<br />

allow ORS security managers at<br />

Member firms to reset their passwords<br />

by providing answers to questions<br />

entered into the system when they<br />

enrolled.<br />

The issues NFA addresses are not limited<br />

to internal policies and work processes.<br />

For example, we led an industrywide<br />

effort to harmonize the use of Customer<br />

Transaction Indicator codes among<br />

the various exchanges. The result of<br />

this collaboration provided <strong>Futures</strong><br />

Commission Merchants with a clearer<br />

understanding of the situations in which<br />

each type of code should be utilized,<br />

allowing for better tracking of trading<br />

activity across all exchanges.<br />

Compliance staff also met with NASD<br />

staff to coordinate joint audits of those<br />

firms that are dually registered on both<br />

the futures and securities sides and<br />

reduce the regulatory burden on our<br />

Members. In addition, NFA Compliance<br />

An Independent Voice<br />

Throughout NFA’s most recent fiscal<br />

year, the CFTC conducted a review of<br />

self-regulation in the futures industry.<br />

Although the CFTC has not yet published<br />

the results of its review, we are<br />

certain it will underline the importance of<br />

an SRO’s unbiased disciplinary processes,<br />

free of any hint of conflict of interest.<br />

NFA has always had safeguards in place<br />

to ensure that our disciplinary process is<br />

fair and impartial. Our rules state that<br />

no committee or panel member can participate<br />

in a disciplinary matter if the<br />

member, or any person with which the<br />

member is connected, has a financial, personal<br />

or other direct interest in the matter.<br />

Traditionally, NFA has also ensured that<br />

both the Business Conduct Committee<br />

and the Hearing Committee include individuals<br />

who are not NFA Members or<br />

Associates.<br />

In FY <strong>2005</strong>, we amended our Bylaws to<br />

codify our current practice by requiring<br />

that at least two-thirds of both committees<br />

be non-Member representatives and<br />

by including employees of NFA<br />

Members as Member representatives.<br />

We have also applied these same safeguards<br />

to the registration and membership<br />

process. We divide our Membership<br />

Committee into three-person Designated<br />

Subcommittees to conduct hearings and<br />

consider settlement offers. To ensure uniformity<br />

in treatment of similarly situated<br />

applicants, the Membership Committee<br />

meets quarterly to review the activities of<br />

these Designated Subcommittees. In<br />

addition, we amended Bylaw 701 to<br />

require at least one-third of the<br />

Membership Committee to be non-<br />

Members and amended Registration<br />

Rule 501 to require at least one member<br />

of each Designated Subcommittee to be a<br />

non-Member.<br />

In the years ahead, we will continue to<br />

take whatever actions are necessary to<br />

ensure our unbiased, independent<br />

stature. It is a contributing factor in the<br />

public’s ongoing confidence in the<br />

futures markets, and it is crucial to NFA’s<br />

continued success.<br />

8<br />

NFA<br />

<strong>2005</strong> ANNUAL REVIEW


staff is currently leading a coordinated<br />

effort between the Joint Audit Committee<br />

and Joint Compliance Committee to<br />

research regulatory issues relating to trading<br />

arcades and proprietary accounts.<br />

Last year we developed<br />

a quality assurance<br />

program in which we<br />

review information<br />

entered into ORS for<br />

erroneous, inaccurate<br />

or problematic<br />

information.<br />

Portal Technology Enhances<br />

Information Sharing<br />

During the past year NFA implemented<br />

a portal technology that has helped staff<br />

members share information and reduce<br />

workflow inefficiencies. Each department<br />

developed its own portal which can then be<br />

accessed by every NFA employee. The portal<br />

sites enable staff to communicate more<br />

easily and increase productivity.<br />

For example, the Information Systems<br />

department uses its portal site for project<br />

development, capacity planning and problem<br />

tracking. The Compliance department<br />

archives audit reports directly to the portal<br />

and tracks audit team activity more efficiently.<br />

Communications and Education’s News<br />

Center portal centralized the publication of<br />

many NFA information resources, reducing<br />

the number of emails sent to staff.<br />

During the coming year we will adopt additional<br />

enhancements to the portal system to<br />

develop a workflow architecture which joins<br />

documents, emails and applications in an<br />

easily manageable environment.<br />

NFA employees (from left)<br />

Kim Heitzman, John Brodersen,<br />

Darlene Chappell, Kristin Leigel and<br />

David McKenzie<br />

9


Officers & Board of Directors<br />

Officers<br />

Directors<br />

As of June 30, <strong>2005</strong><br />

Daniel J. Roth*<br />

President & CEO<br />

Daniel A. Driscoll<br />

Exec. Vice-President<br />

Chief Operating Officer<br />

Michael R. Schaefer*<br />

Chairman of the Board<br />

Managing Director<br />

Citigroup Global Markets, Inc.<br />

Douglas O. Kitchen*<br />

Vice-Chairman of the Board<br />

Managing Director<br />

Rosenthal Collins Group LLC<br />

Kenneth F. Haase<br />

Sr. Vice-President<br />

Information Systems<br />

Karen K. Wuertz<br />

Sr. Vice-President<br />

Strategic Planning<br />

and Communications<br />

Commodity Pool Operator and<br />

Commodity Trading Advisor<br />

Representatives<br />

Bruce L. Cleland*<br />

President & CEO<br />

Campbell & Company<br />

George E. Crapple*<br />

Co-Chairman & Co-CEO<br />

The Millburn Corp.<br />

David Hawrysz<br />

Vice-President<br />

Treasurer<br />

Gregory C. Prusik<br />

Vice-President<br />

Registration<br />

James R. Klingler<br />

Senior Vice-President<br />

Eclipse Capital<br />

Management, Inc.<br />

Robert E. Murray<br />

Chief Operating Officer<br />

Graham Capital<br />

Management LP<br />

Thomas Sexton III<br />

Vice-President<br />

General Counsel<br />

& Secretary<br />

Regina Thoele<br />

Vice-President<br />

Compliance<br />

Introducing Broker Representatives<br />

Robert K. Wilmouth<br />

Special Policy Advisor<br />

Paul J. Georgy<br />

President<br />

Allendale, Inc.<br />

John A. Vassallo<br />

President<br />

Coquest, Inc.<br />

10<br />

NFA<br />

<strong>2005</strong> ANNUAL REVIEW<br />

* Member of the Executive Committee


<strong>Futures</strong> Commission Merchant Representatives<br />

Special Advisor<br />

Scott A. Cordes<br />

President<br />

Country Hedging, Inc.<br />

Kevin R. Davis<br />

Chairman & CEO<br />

Man Financial, Inc.<br />

James Davison<br />

Chief Executive Officer<br />

Refco Investment Services<br />

W. Robert Felker*<br />

Chairman<br />

JPMorgan <strong>Futures</strong>, Inc.<br />

Leo Melamed<br />

Permanent Special Advisor to the<br />

Board & Executive Committee<br />

Christopher K. Hehmeyer<br />

Co-Chairman<br />

Goldenberg Hehmeyer & Co.<br />

Douglas O. Kitchen*<br />

Managing Director<br />

Rosenthal Collins Group LLC<br />

Bonnie Litt*<br />

Managing Director &<br />

Associate General Counsel<br />

Goldman Sachs & Co.<br />

Michael R. Schaefer*<br />

Managing Director<br />

Citigroup Global Markets, Inc.<br />

Public Representatives<br />

Alan J. Dixon<br />

Attorney<br />

Bryan Cave<br />

Thomas W. Ewing<br />

Attorney<br />

Davis & Harman LLP<br />

Silas Keehn<br />

Past President<br />

Federal Reserve Bank<br />

of Chicago<br />

Todd E. Petzel*<br />

Managing Director<br />

Azimuth Trust<br />

Company, LLC<br />

Susan M. Phillips<br />

Dean<br />

School of Business<br />

The George Washington University<br />

Exchange Representatives<br />

Mark G. Bagan<br />

President & CEO<br />

Minneapolis Grain<br />

Exchange<br />

Jeffrey C. Borchardt<br />

President & CEO<br />

Kansas City Board<br />

of Trade<br />

Bernard W. Dan*<br />

President & CEO<br />

Chicago Board of Trade<br />

James E. Newsome*<br />

President<br />

New York Mercantile<br />

Exchange<br />

Joseph J. O’Neill<br />

Sr. Exec. Vice-President<br />

New York Board<br />

of Trade<br />

John F. Sandner<br />

Special Policy Advisor<br />

Chicago Mercantile<br />

Exchange<br />

11


<strong>2005</strong> F I N A N C I A L S<br />

Independent Auditors’ Report<br />

To the Board of Directors of<br />

<strong>National</strong> <strong>Futures</strong> <strong>Association</strong>:<br />

We have audited the accompanying statements of financial position of <strong>National</strong> <strong>Futures</strong> <strong>Association</strong><br />

(the “<strong>Association</strong>”) as of June 30, <strong>2005</strong> and 2004, and the related statements of unrestricted revenues,<br />

expenses and changes in unrestricted net assets, and cash flows for the years then ended. These financial<br />

statements are the responsibility of the <strong>Association</strong>’s management. Our responsibility is to express an<br />

opinion on these financial statements based on our audits.<br />

We conducted our audits in accordance with auditing standards generally accepted in the United<br />

States of America. Those standards require that we plan and perform the audit to obtain reasonable<br />

assurance about whether the financial statements are free of material misstatement. An audit includes<br />

consideration of internal control over financial reporting as a basis for designing audit procedures that<br />

are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness<br />

of the <strong>Association</strong>’s internal control over financial reporting. Accordingly, we express no such opinion.<br />

An audit also includes examining, on a test basis, evidence supporting the amounts and disclosures in<br />

the financial statements, assessing the accounting principles used and significant estimates made by<br />

management, as well as evaluating the overall financial statement presentation. We believe that our<br />

audits provide a reasonable basis for our opinion.<br />

In our opinion, such financial statements present fairly, in all material respects, the financial<br />

position of <strong>National</strong> <strong>Futures</strong> <strong>Association</strong> as of June 30, <strong>2005</strong> and 2004, and the changes in its net assets<br />

and its cash flows for the years then ended in conformity with accounting principles generally accepted<br />

in the United States of America.<br />

August 2, <strong>2005</strong><br />

12<br />

NFA<br />

<strong>2005</strong> ANNUAL REVIEW


STATEMENTS OF<br />

FINANCIAL POSITION<br />

Years ended June 30, <strong>2005</strong> and 2004<br />

Assets<br />

Current Assets:<br />

Cash and cash equivalents, including $8,614,066 and$12,766,270<br />

of interest-bearing deposits in <strong>2005</strong> and 2004, respectively<br />

Short-term investments<br />

Accrued interest<br />

Assessments receivable<br />

Other current assets<br />

Total current assets<br />

<strong>2005</strong><br />

$ 10,014,066<br />

6,272,504<br />

270,269<br />

2,308,295<br />

993,376<br />

19,858,510<br />

2004<br />

$ 13,366,270<br />

3,568,185<br />

210,368<br />

2,865,903<br />

903,132<br />

20,913,858<br />

Long-Term Investments<br />

Furniture, Fixtures, Equipment, Leasehold Improvements<br />

and Software–<br />

At cost–less accumulated depreciation and amortization<br />

Other Assets<br />

Total assets<br />

21,834,573<br />

5,273,233<br />

2,402,028<br />

$ 49,368,344<br />

19,721,656<br />

6,100,318<br />

2,416,474<br />

$ 49,152,306<br />

Liabilities and Net Assets<br />

Current Liabilities:<br />

Unearned dues and fees<br />

Accounts payable, accrued expenses and other current liabilities<br />

Total current liabilities<br />

Deferred Rent Credit<br />

Other Long-Term Liabilities<br />

Total liabilities<br />

Unrestricted Net Assets<br />

Total Liabilities and Net Assets<br />

$ 550,368<br />

2,686,751<br />

3,237,119<br />

705,925<br />

3,495,343<br />

7,438,387<br />

41,929,957<br />

$ 49,368,344<br />

$ 1,189,491<br />

2,090,797<br />

3,280,288<br />

918,158<br />

3,439,965<br />

7,638,411<br />

41,513,895<br />

$ 49,152,306<br />

SEE NOTES TO FINANCIAL STATEMENTS.<br />

13


STATEMENTS OF UNRESTRICTED REVENUES,<br />

EXPENSES AND CHANGES IN UNRESTRICTED NET ASSETS<br />

Years ended June 30, <strong>2005</strong> and 2004<br />

<strong>2005</strong><br />

2004<br />

Unrestricted Revenues:<br />

Assessments<br />

Membership dues<br />

Registration and other fees<br />

Regulatory services outsourcing<br />

Investment income<br />

Total unrestricted revenues<br />

$ 23,589,516<br />

4,245,592<br />

2,745,733<br />

1,538,819<br />

760,638<br />

32,880,298<br />

$ 21,887,247<br />

4,822,094<br />

2,862,467<br />

696,909<br />

323,360<br />

30,592,077<br />

Unrestricted Expenses:<br />

Salaries, wages and employee benefits<br />

Space rental and related expenses<br />

Travel and meetings<br />

Computer expenditures<br />

Depreciation and amortization<br />

Outside consulting fees and services<br />

Supplies, postage and telephone<br />

Outside printing and publications<br />

Board and committee fees and expenses<br />

Insurance, recruiting, education, dues and other<br />

21,190,052<br />

2,517,681<br />

2,170,000<br />

583,855<br />

2,585,707<br />

959,541<br />

384,660<br />

173,965<br />

532,520<br />

1,366,255<br />

19,884,843<br />

2,716,309<br />

2,041,592<br />

529,674<br />

2,828,812<br />

1,035,724<br />

384,402<br />

177,112<br />

343,348<br />

1,285,825<br />

Total unrestricted expenses<br />

32,464,236<br />

31,227,641<br />

Increase (Decrease) In Unrestricted Net Assets<br />

416,062<br />

(635,564)<br />

Unrestricted Net Assets – Beginning of year<br />

41,513,895<br />

42,149,459<br />

Unrestricted Net Assets – End of year<br />

$ 41,929,957<br />

$ 41,513,895<br />

SEE NOTES TO FINANCIAL STATEMENTS.<br />

14<br />

NFA<br />

<strong>2005</strong> ANNUAL REVIEW


STATEMENTS OF<br />

CASH FLOWS<br />

Years ended June 30, <strong>2005</strong> and 2004<br />

<strong>2005</strong><br />

2004<br />

Cash Flows from Operating Activities:<br />

Increase (decrease) in unrestricted net assets<br />

Adjustments to reconcile increase (decrease) in unrestricted<br />

net assets to net cash provided by operating activities:<br />

Net change in unrealized loss on investments<br />

Net realized loss on investments<br />

Depreciation and amortization<br />

Changes in assets and liabilities:<br />

Assessments receivable<br />

Accrued interest<br />

Other assets<br />

Unearned dues and fees<br />

Accounts payable, accrued expenses and other liabilities<br />

Deferred rent credit<br />

Net cash provided by operating activities<br />

$ 416,062<br />

35,576<br />

271,340<br />

2,585,707<br />

557,608<br />

(59,901)<br />

(75,798)<br />

(639,123)<br />

651,332<br />

(212,233)<br />

3,530,570<br />

$ (635,564)<br />

819,504<br />

127,730<br />

2,828,812<br />

(550,004)<br />

22,460<br />

106,150<br />

106,823<br />

(70,179)<br />

(185,428)<br />

2,570,304<br />

Cash Flows from Investing Activities:<br />

Purchases of fixed assets and software<br />

Purchases of securities<br />

Sale of securities<br />

Maturities of U.S. Treasury securities<br />

(1,758,622)<br />

(58,371,407)<br />

31,141,335<br />

22,105,920<br />

(1,475,963)<br />

(20,631,829)<br />

15,692,272<br />

9,425,000<br />

Net cash (used in) provided by investing activities<br />

(6,882,774)<br />

3,009,480<br />

Net (Decrease) Increase In Cash and Cash Equivalents<br />

(3,352,204)<br />

5,579,784<br />

Cash and Cash Equivalents – Beginning of year<br />

13,366,270<br />

7,786,486<br />

Cash and Cash Equivalents – End of year<br />

$10,014,066<br />

$13,366,270<br />

SEE NOTES TO FINANCIAL STATEMENTS.<br />

15


NOTES TO FINANCIAL STATEMENTS Years ended June 30, <strong>2005</strong> and 2004<br />

1. Organization<br />

The Commodity <strong>Futures</strong> Trading Commission has designated<br />

<strong>National</strong> <strong>Futures</strong> <strong>Association</strong> (the “<strong>Association</strong>”) as a registered<br />

futures association. Among the <strong>Association</strong>’s activities are<br />

qualification screening and registration, financial and trade<br />

practice surveillance, enforcement of customer protection rules<br />

and uniform business standards, arbitration of disputes and<br />

educational activities. The <strong>Association</strong> is financed through<br />

the payment of assessments and dues by its members and<br />

registration fees by registrants.<br />

2. Summary of Significant Accounting Policies<br />

Use of Estimates The financial statements of the <strong>Association</strong><br />

have been prepared, using the accrual basis of accounting, in<br />

conformity with accounting principles generally accepted in<br />

the United States of America. The preparation of financial<br />

statements in conformity with generally accepted accounting<br />

principles requires management to use estimates and assumptions<br />

that affect the reported amounts of assets and liabilities at<br />

the date of the financial statements and the reported amounts<br />

of revenues and expenses during the reporting period. Actual<br />

results could differ from the estimates.<br />

Federal Income Taxes The <strong>Association</strong> is exempt from<br />

federal income taxes under Section 501(c)(6) of the U.S.<br />

Internal Revenue Code. The Internal Revenue Service has<br />

issued a determination letter to that effect.<br />

Assessments Assessments are reported monthly and are due<br />

within 30 days. They are recognized as revenue in the month to<br />

which they apply.<br />

Investments Investments are carried at fair market value based<br />

on quoted market prices. Changes in market values are<br />

included in investment income.<br />

Membership Dues Membership dues are nonrefundable and<br />

are recognized as revenue on a pro rata basis over the members’<br />

membership year.<br />

Registration Renewal Fees Registration renewal fees are nonrefundable<br />

and are recognized as revenue on a pro rata basis<br />

over the registrants’ renewal period.<br />

Regulatory Services Outsourcing Regulatory services outsourcing<br />

revenue relates to the <strong>Association</strong>’s market and trade<br />

practice surveillance services. This revenue consists of one-time<br />

nonrefundable fees and monthly fees for ongoing services for<br />

each customer. One-time fees are used by the <strong>Association</strong> to<br />

purchase hardware and software necessary to perform surveillance<br />

services for a given customer and are recognized as<br />

revenue when paid by the customer. Monthly fees and a<br />

transaction fee for ongoing surveillance and other regulatory<br />

services are recognized as revenue on a monthly basis as services<br />

are performed.<br />

Depreciation and Amortization Fixed assets and leasehold<br />

improvements are depreciated over three to seven years or the<br />

term of the lease, if applicable, on a straight-line basis. The<br />

<strong>Association</strong> uses the half-year convention so that the first and<br />

last years of depreciation and amortization are one-half the<br />

straight line amount and all middle years are in direct proportion<br />

to the useful life of the capitalized item.<br />

Purchased Software Purchased software is included in fixed<br />

assets, and is capitalized and amortized over three years on a<br />

straight-line basis using the half-year convention.<br />

Software Design and Development Costs Software design<br />

and development costs consist of salaries and benefits of the<br />

<strong>Association</strong>’s personnel involved in projects to develop software<br />

for internal use. Software design and development costs<br />

incurred in the preliminary stage of a project, as well as<br />

training and maintenance costs, are expensed as incurred.<br />

Software design and development costs associated with the<br />

application development stage of software projects are capitalized<br />

until such time that the software is substantially complete<br />

and ready for its intended use. Capitalized software design and<br />

development costs are amortized over three years on a straightline<br />

basis using the half-year convention.<br />

Deferred Rent Credit Due to the terms of the <strong>Association</strong>’s<br />

primary office space leases, a deferred rent credit was generated.<br />

The deferred rent credit is amortized over the remaining terms<br />

of the respective leases, which range from three to seven years.<br />

The <strong>Association</strong> computed an average monthly rental for the<br />

entire term of each lease and charged this amount to rental<br />

expense each month. The difference between the average<br />

monthly rental and the actual monthly rental payment is<br />

accounted for as either an increase or reduction of the deferred<br />

rent credit.<br />

Allowance for Doubtful Accounts The allowance for doubtful<br />

accounts is maintained at a level that in management’s judgment<br />

is adequate to provide for estimated probable losses related to<br />

receivables. At June 30, <strong>2005</strong> and 2004, the allowance for<br />

doubtful accounts is $354,970 and $145,125, respectively,<br />

and is included in other current assets on the statements of<br />

financial position.<br />

Statement of Cash Flows For the purpose of this statement,<br />

cash and cash equivalents include cash and money market<br />

funds.<br />

3. Investments:<br />

The <strong>Association</strong>’s investment portfolio is classified on the<br />

statements of financial position as short-term and long-term<br />

investments. Short-term investments consist of securities with<br />

maturity dates of one year or less. Long-term investments<br />

consist of securities with maturity dates greater than one year.<br />

Expected maturities will differ from contractual maturities<br />

because borrowers may have a right to call or prepay obligations<br />

with or without call or prepayment penalties.<br />

Management of a portion of the <strong>Association</strong>’s investable funds<br />

has been outsourced to a professional money manager. As of<br />

June 30, <strong>2005</strong> and 2004, approximately 78% and 80%, respectively,<br />

of the total carrying value of investments and money market<br />

funds was outsourced.<br />

16<br />

NFA<br />

<strong>2005</strong> ANNUAL REVIEW


The aggregate carrying amount of investments by major type as<br />

of June 30, <strong>2005</strong> and 2004 is as follows:<br />

<strong>2005</strong> 2004<br />

Short-term:<br />

U.S. Treasury securities $ 3,599,592 $ --<br />

U.S. Government Agency<br />

securities 299,814 1,005,630<br />

Corporate debt obligations 2,373,098 2,562,555<br />

Total short-term 6,272,504 3,568,185<br />

Long-term:<br />

U.S. Treasury securities 3,634,950 6,639,011<br />

U.S. Government Agency<br />

securities 6,067,105 3,146,814<br />

Corporate debt obligations 8,810,479 5,444,375<br />

Asset-backed securities 2,765,968 3,943,009<br />

Mortgage-backed securities 556,071 548,447<br />

Total long-term 21,834,573 19,721,656<br />

Total $28,107,077 $23,289,841<br />

Corporate debt obligations are rated at least A and assetbacked<br />

and mortgage-backed securities at least AA or Aa by<br />

Standard & Poor’s or Moody’s. There are no concentrations<br />

greater than 5% of total investments with one issuer associated<br />

with the investments in corporate debt obligations and assetbacked<br />

and mortgage-backed securities. As of June 30, <strong>2005</strong><br />

and 2004, the average effective duration of the <strong>Association</strong>’s<br />

professionally managed portfolio was approximately 1.53<br />

years and 1.63 years, respectively.<br />

The composition of investment income for the years ended June<br />

30, <strong>2005</strong> and 2004 is as follows:<br />

<strong>2005</strong> 2004<br />

Interest income $1,067,554 $1,270,594<br />

Net realized (loss) gain (271,340) (127,730)<br />

Net change in<br />

unrealized loss (35,576) (819,504)<br />

Total $ 760,638 $ 323,360<br />

4. Furniture, Fixtures, Equipment,<br />

Leasehold Improvements and Software:<br />

Fixed assets consist of the following as of June 30, <strong>2005</strong> and 2004:<br />

<strong>2005</strong> 2004<br />

Furniture and fixtures $ 2,360,844 $ 2,421,103<br />

Equipment 2,286,939 1,965,460<br />

Leasehold improvements 5,763,847 5,681,369<br />

Software 2,869,430 3,660,951<br />

13,281,060 13,728,883<br />

Less accumulated<br />

depreciation and<br />

amortization 8,007,827 7,628,565<br />

Total $ 5,273,233 $ 6,100,318<br />

5. Commitments and Contingencies:<br />

The <strong>Association</strong> leases office space in Chicago and New York.<br />

The Chicago lease expires in 2008 and negotiations are currently<br />

in process for a new lease. In addition, the <strong>Association</strong> has<br />

entered into a 36-month contract with a disaster recovery<br />

service provider. The following is a schedule of future payments<br />

under both the operating leases and the disaster recovery contract<br />

that have remaining noncancellable payment terms in<br />

excess of one year as of June 30, <strong>2005</strong>:<br />

2006 $ 1,676,977<br />

2007 1,775,690<br />

2008 1,419,017<br />

2009 705,953<br />

2010 673,113<br />

Future years 897,484<br />

Total $ 7,148,234<br />

In the normal course of business, the <strong>Association</strong> is, at times,<br />

involved in pending legal proceedings. Management, after consultation<br />

with outside legal counsel, believes that the resolution<br />

of current proceedings will not have a material effect on the<br />

<strong>Association</strong>’s net assets.<br />

6. Employee Benefit Plans:<br />

The <strong>Association</strong> sponsors an Employee Retirement Savings<br />

Plan (the “Savings Plan”). Contributions to the Savings Plan of<br />

up to 100% of employees’ compensation can be made through<br />

payroll deductions. The <strong>Association</strong> will match, dollar for<br />

dollar, employee contributions up to 6% of the employee’s<br />

eligible compensation. The <strong>Association</strong> may also contribute to<br />

the Savings Plan an additional, profitsharing contribution<br />

expressed as a percent of the calendar year’s compensation of<br />

participants who are employed on the last day of the calendar<br />

year. A profit-sharing contribution for 2004 of $692,236 was<br />

made in <strong>2005</strong>. A profit-sharing contribution for 2003 of<br />

$605,604 was made in 2004. Employees are eligible to<br />

participate in the Savings Plan upon their date of hire.<br />

Employee contributions and any vested employer contributions<br />

are payable upon termination or retirement as stipulated in<br />

the Savings Plan.<br />

The <strong>Association</strong> also sponsors the Retiree Medical Benefits<br />

Plan (the “Plan”), which covers substantially all retirees and<br />

their dependents. Effective December 31, 1993, employees who<br />

retire from the <strong>Association</strong> on or after attaining age 55 and<br />

who have at least 10 years of full-time service with the<br />

<strong>Association</strong> are entitled to receive benefits from the Plan.<br />

Individuals who attained age 65 on or before December 31,<br />

1993, who have been employed by the <strong>Association</strong> on a fulltime<br />

basis for at least five years, and who retired after July 1,<br />

1993, were grandfathered under the Plan. The Plan pays a stated<br />

percentage of the cost of medical coverage for employees who<br />

retire prior to age 65. Coverage for employees who have retired<br />

and have reached age 65 is provided under a Medicare<br />

Supplemental Plan. Under the Medicare Supplemental Plan, the<br />

<strong>Association</strong> pays a stated percentage of the supplemental costs.<br />

17


NOTES TO FINANCIAL STATEMENTS Years ended June 30, <strong>2005</strong> and 2004<br />

On July 1, 2003, the Plan’s eligibility requirement and costsharing<br />

schedule was amended. Prior to July 1, 2003, an<br />

employee with at least 10 years of full-time service and who<br />

was at least 55 at retirement was eligible for benefits.<br />

Employees began earning years of service upon employment.<br />

Subsequent to July 1, 2003, the eligibility requirement was<br />

amended to reflect that employees can retire at age 55 or older<br />

but must have at least 10 years of service since their 45th birthday.<br />

All employees will retire having at least 10 years of service<br />

preceding their retirement.<br />

Prior to July 1, 2003, the cost-sharing schedule was based on<br />

age at retirement and years of service. Subsequent to July 1,<br />

2003, the new structure is based on age at retirement. The<br />

following shows the change both prior to and subsequent to the<br />

Plan amendment:<br />

Prior to July 1, 2003<br />

Based on age at retirement and years of service:<br />

Retiree’s Share<br />

Age + Service Pre-65 Post-65<br />

65-69 90% 50%<br />

70-74 80% 40%<br />

75-79 70% 30%<br />

80-84 60% 20%<br />

85+ 50% 10%<br />

Subsequent to July 1, 2003<br />

Based on age at retirement:<br />

Retiree’s Share<br />

Age Pre-65 Post-65<br />

55-59 70% 40%<br />

60-64 60% 30%<br />

65+ 50% 20%<br />

Any employee who retired before August 15, 2003 was given the<br />

choice to convert to the new amendment or be grandfathered<br />

into the pre-amended requirements.<br />

For the years ended June 30, <strong>2005</strong> and 2004, the net periodic<br />

postretirement benefit cost and benefits paid for the Plan are as<br />

the follows:<br />

<strong>2005</strong> 2004<br />

Net periodic postretirement<br />

benefit cost $ 62,219 $ 461,944<br />

Benefits paid 11,101 11,247<br />

The June 30, <strong>2005</strong> and 2004 accumulated postretirement<br />

benefit obligation was determined using an assumed weighted<br />

average discount rate of 5.0% and 6.25%, respectively. The<br />

rate of increase in the gross cost of covered healthcare benefits<br />

was assumed to be 8.0% and 9.0% for fiscal years <strong>2005</strong> and<br />

2004, respectively. The rate of increase is assumed to decline<br />

by 1.00% for each year after <strong>2005</strong> to 5.00% in 2008 and<br />

thereafter.<br />

The <strong>Association</strong> also participates in the purchase of life insurance<br />

on behalf of certain executive officers as part of the<br />

<strong>National</strong> <strong>Futures</strong> <strong>Association</strong> Split Dollar Life Insurance Plan<br />

(the “Split Dollar Plan”). The purpose of the Split Dollar Plan<br />

is to provide participating executive officers with an insured<br />

death benefit during employment and after retirement. The<br />

insurance policy also allows for capital accumulation through<br />

the buildup of cash value. As of June 30, <strong>2005</strong> and 2004, the<br />

cash surrender value is $2,265,511 and $1,990,228, respectively,<br />

and is classified in other assets on the statements of financial<br />

position. The increase in cash surrender value approximately<br />

equals the premiums paid, and approximately all premiums<br />

paid increase the buildup of the cash surrender value.<br />

7. Deferred Rent Credit:<br />

Effective November 2001, the <strong>Association</strong> executed a 10-year<br />

operating lease for office premises in New York. Also, effective<br />

February 1996, the <strong>Association</strong> executed a 12-year operating<br />

lease for office premises in Chicago. The leases include rent<br />

incentives, and, accordingly, the <strong>Association</strong> is recognizing such<br />

abatement as a reduction of rent expense over the terms of the<br />

lease on the straight-line basis. The total deferred rent credit at<br />

June 30, <strong>2005</strong> and 2004 was $929,912 and $1,112,904,<br />

respectively, of which $223,987 and $194,746, respectively, are<br />

included in accounts payable, accrued expenses and other<br />

current liabilities on the statements of financial position. For<br />

the years ended June 30, <strong>2005</strong> and 2004, cash payments for<br />

rent were approximately $2,431,000 and $2,593,000, respectively.<br />

The <strong>Association</strong> offset these cash payments with deferred<br />

rent credits of $183,000 and $153,000 in <strong>2005</strong> and 2004,<br />

respectively, resulting in rent expense of approximately<br />

$2,248,000 and $2,440,000 in <strong>2005</strong> and 2004, respectively.<br />

8. Assessment Fee Revenue<br />

The assessment fee rate for the period January 1, <strong>2005</strong> to<br />

June 30, <strong>2005</strong> was $.02 per side. The assessment fee rate for<br />

the period January 1, 2003 to December 31, 2004 was $.03<br />

per side. These rates were identical for both futures and<br />

options contracts.<br />

At June 30, <strong>2005</strong> and 2004, the actuarial and recorded liabilities<br />

for the Plan, none of which has been funded, are:<br />

<strong>2005</strong> 2004<br />

Accumulated postretirement<br />

benefit obligation $2,063,049 $1,465,244<br />

Accrued postretirement<br />

benefit cost 3,488,848 3,437,675<br />

18<br />

NFA<br />

<strong>2005</strong> ANNUAL REVIEW


<strong>National</strong> <strong>Futures</strong> <strong>Association</strong> has been<br />

designated by the Commodity <strong>Futures</strong><br />

Trading Commission (CFTC) as a registered<br />

futures association. NFA is the premier<br />

independent provider of innovative and<br />

efficient regulatory programs that safeguard<br />

the integrity of the derivatives markets.<br />

Regulatory Programs and Services<br />

Registration<br />

All firms and individuals who seek to conduct<br />

business with the public in connection with<br />

futures trading must be registered with the CFTC<br />

and be Members of NFA.<br />

Compliance<br />

NFA monitors all Member firms and individuals to<br />

assure they are in compliance with NFA and CFTC<br />

approved rules.<br />

Arbitration<br />

NFA provides inexpensive, prompt methods for<br />

customers and Members to resolve futures-related<br />

disputes.<br />

Education<br />

Member Services: NFA provides print and electronic<br />

resources to assist Members in understanding and<br />

meeting their regulatory responsibilities.<br />

Investor Services: NFA develops and disseminates<br />

information to help investors and prospective<br />

investors acquire a better understanding of futures<br />

investments.<br />

Trade Practice/Market Surveillance<br />

NFA provides a variety of tools and programs to<br />

electronic exchanges to ensure the fair treatment of<br />

customers and to maintain orderly markets.<br />

Accountability and Organization<br />

Policy Development<br />

25-member Board of Directors<br />

• 14 FCM, IB, CPO, and CTA representatives<br />

• 6 exchange representatives<br />

• 5 public representatives<br />

Policy Supervision<br />

10-member Executive Committee<br />

• NFA President<br />

• NFA Chairman of the Board<br />

• 3 directors/FCM or IB representatives<br />

• 2 directors/exchange representatives<br />

• 2 directors/CPO or CTA representatives<br />

• 1 public representative<br />

Policy Implementation<br />

NFA officers and staff<br />

Funding<br />

NFA is totally self-financed with funds derived<br />

from membership dues and fees and from assessments<br />

paid by Members and users of the futures<br />

markets.<br />

Total Employees (As of June 30, <strong>2005</strong>)<br />

246<br />

19


Information Center<br />

1-800-621-3570<br />

Disciplinary Information Access Line (DIAL):<br />

1-800-676-4NFA<br />

World Wide Web<br />

http://www.nfa.futures.org<br />

Offices<br />

CHICAGO HEADQUARTERS<br />

200 West Madison Street, Suite 1600<br />

Chicago, IL 60606-3447<br />

312-781-1410<br />

NEW YORK<br />

120 Broadway, Suite 1125<br />

New York, NY 10271-0085<br />

212-608-8660<br />

© <strong>2005</strong> <strong>National</strong> <strong>Futures</strong> <strong>Association</strong>

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!