CFTC Part 3 and 9 Regulations

On Jan. 9, CFTC issued part 3, 9 regulation on market discipline.

  • Integrate existing advisory guidance, incorporate swap execution facilities (SEFs),
    and update provisions currently applicable to designated contract markets (DCMs).
  • CFTC Revisions
  • Part 3 governs registration of intermediaries; while Part 9 details the rules related
    to CFTC review of exchange disciplinary, access denial, and other adverse actions.
  • Amendments revise Part 9 rules to delete cross-references to deleted Part 8 rules.
  • Add citation to parallel provisions, contained in Part 37 for SEFs, Part 38 for DCMs.
  • The CFTC removed Part 8 rules, during the implementation of the Dodd-Frank Act.
  • Require publication of disciplinary and denial action by SEFs and DCMs on website.
  • NFA Disciplinary Notice
  • CFTC also updated notice, that allows NFA to receive exchange disciplinary notices.
  • Duty to receive and process exchange disciplinary/access denial action information.
  • Delegation being updated, to clarify that DCM, SEF notices are now filed with NFA.
  • NFA continues as the official custodian of records, for exchange disciplinary filings.
  • Jan. 2018 Federal Register
  • On Jan. 12, 2018, CFTC issued order, rule and notice on revision in federal register.
  • Estimated to affect 296 DCMs and 15 SEFs, final rule is effective on Mar. 13, 2018.

Regulators CFTC; NFA
Entity Types Depo; Exch; FCM; OTC
Reference RF: 83 FR 1538, 1/12/2018; RIN 3038-AE15; Ord: 83 FR 1548, 1/12/2018; Ntc: 83 FR 1548, 1/12/2018; PR, 1/09/2018
Functions Compliance; C-Suite; Legal; Registration; Reporting; Trading
Countries United States of America
Products Clearing; Commodities; Derivatives; Futures
Regions Am
Rule Type Final
Rule Date 1/9/2018
Effective Date 3/13/2018
Rule Id 37355
Linked to N/A
Report Issue 1/15/2018
Report Section US Investment

Last substantive update on 01/12/2018