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Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices number of the current rule, the subsection of amended Rule 518 that is proposed to address the subject matter Current CFE rule
New CFE rule
of the current rule, and the CFTC
regulation underlying the current rule.
The table also includes a high level
CFTC regulation
519

518a
4 1.10

520

518b
5 1.11

521

518c
6 1.12

522

518d
7 1.17

523

518e
8 1.18

524

518f
9 1.20

525

518g
10 1.21

526

518h
11 1.22

527

518i
12 1.23

528

518j
13 1.24

529

518k
14 1.25

530

518l
15 1.26

531

518m
16 1.27

532

518n
17 1.28

533

518o
18 1.29

534

518p
19 1.30

535

518q
20 1.31

536

518r
21 1.32

537

518s
22 1.36

CFR 1.10.
CFR 1.11.
6 17 CFR 1.12.
7 17 CFR 1.17.
8 17 CFR 1.18.
9 17 CFR 1.20.
10 17 CFR 1.21.

description of the subject matter of each of those rules as provided for under applicable CFTC regulation.

Summary of rule Requires TPHs subject to CFTC Regulation 1.10 to comply with financial reporting requirements, including the requirement to file CFTC Form 1FR.
Requires TPHs subject to CFTC Regulation 1.11 to comply with the requirement that futures commission merchants FCMs establish, maintain, and enforce a system of risk management policies and procedures.
Requires TPHs subject to CFTC Regulation 1.12 to comply with the requirement to notify the CFTC if the TPH fails to maintain an adjusted net capital above certain specified thresholds.
Requires TPHs subject to CFTC Regulation 1.17 to comply with certain minimum financial requirements.
Requires TPHs subject to CFTC Regulation 1.18 to comply with the requirement to maintain records for and relating to financial reporting and a monthly computation regarding the TPHs assets, liabilities, and capital.
Requires TPHs subject to CFTC Regulation 1.20 to comply with the requirement to separately account for all future customer funds and segregate those funds as belonging to the TPHs futures customers.
Requires TPHs subject to CFTC Regulation 1.21 to comply with the requirement to treat all money and equities accruing to an FCM on behalf of any futures customer as accruing to the futures customer.
Requires TPHs subject to CFTC Regulation 1.22 to comply with a prohibition on using or permitting the use of the customer funds of one futures customer to purchase, margin, or settle the trades of or to secure credit of any person other than that futures customer.
Requires TPHs subject to CFTC Regulation 1.23 to comply with a prohibition on the commingling of futures customer funds with the funds of an FCM.
Requires TPHs subject to CFTC Regulation 1.24 to comply with an exclusion that money held in a segregated account shall not include money invested in obligations or stocks of any clearing organization or contract market.
Requires TPHs subject to CFTC Regulation 1.25 to comply with the requirements and restrictions regarding the investments of customer funds.
Requires TPHs subject to CFTC Regulation 1.26 to comply with the requirement that each FCM that invests customer funds in instruments described in CFTC Regulation 1.25, except for investments in money market mutual funds, shall separately account for those instruments as futures customer funds and segregate those instruments as funds belonging to customers.
Requires TPHs subject to CFTC Regulation 1.27 to comply with the requirement that each FCM which invests customer funds shall keep certain records of the investment.
Requires TPHs subject to CFTC Regulation 1.28 to comply with the requirement that FCMs that invest customer funds in instruments described in CFTC Regulation 1.25
shall include those instruments in segregated account records and reports at values not exceeding current market values.
Requires TPHs subject to CFTC Regulation 1.29 to comply with the provision that an FCM may invest customer funds and retain as the TPHs own incremental income or interest resulting therefrom and the requirement that an FCM shall bear sole responsibility for any losses resulting from the investment of customer funds in instruments described in CFTC Regulation 1.25.
Requires TPHs subject to CFTC Regulation 1.30 to comply with a prohibition against an FCM lending funds on an unsecured basis to finance customers trading or lending funds to customers secured by the customers accounts.
Requires TPHs subject to CFTC Regulation 1.31 to comply with the requirement to maintain electronic records in accordance with certain provisions and to further establish appropriate systems and controls that ensure the authority and reliability of electronic regulatory records.
Requires TPHs subject to CFTC Regulation 1.32 to comply with the requirement each FCM compute as of the close of each business day the total amount of futures customer funds on deposit in segregated accounts as well as other specified details.
Requires TPHs subject to CFTC Regulation 1.36 to comply with the requirement that each FCM maintain a record of all securities and property received from customers in lieu of money to margin, purchase, guarantee, or secure the transactions of those customers.

4 17

11 17

18 17

5 17

12 17

19 17

VerDate Sep<11>2014

CFR 1.22.
CFR 1.23.
13 17 CFR 1.24.
14 17 CFR 1.25.
15 17 CFR 1.26.
16 17 CFR 1.27.
17 17 CFR 1.28.

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CFR 1.29.
CFR 1.30.
20 17 CFR 1.31.
21 17 CFR 1.32.
22 17 CFR 1.36.

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