• Increase the minimum dollar capital requirement from $500,000 to $1,000,000;
• Increase the risk-based capital requirement for non-customer accounts from 4% to 8% of the total risk margin requirement for positions carried in non-customer accounts; and
• Include cleared over-the-counter derivative positions in an FCM’s risk based capital calculation for customer and non-customer accounts.

The CFTC also revised the financial requirements for IBs by increasing the net capital requirement from $30,000 to $45,000. The CFTC’s increase to the IB minimum capital requirement brings it to the same level currently required under NFA Financial Requirements Section 5.

In addition, the Notice of Intent alleged that Rischall failed to disclose the fact that he pled no contest to a felony offense on his current registration application dated July 9, 2009. The Notice of Intent charged that Rischall’s failure to disclose this fact on his July 2009 application may disqualify him from registration under Section 8a(2)(G) of the Act, 7 U.S.C. S 12a(2)(G) (2000).

ln his Offer, without admitting or denying the allegations of the Notice of Intent, Respondent acknowledges service of the Notice of Intent, admits the jurisdiction of NFA with respect to the matters set forth in the Notice of Intent, waives a hearing, all post-hearing procedures, Commodity Futures Trading Commission and judicial review, and any objection to NFA staff’s participation in the consideration of this Offer by the Membership Committee or its designated Subcommittee, and stipulates that the record upon which this Final Order Granting Conditional Registration is granted consists solely of the Notice of Intent, the submissions made by Respondent in response thereto, and the findings contained in the Offer. On the basis of the consent evidenced by the Offer, and without any adjudication on the merits, the Subcommittee orders that Rischall’s floor broker/floor trader registration be hereby granted subject to the following conditions:

1. Respondent may not directly or indirectly act as a principal, partner, officer, director, or branch office manager of any entity registered or required to be registered with the Commission under the Act or regulations thereunder;

2. Respondent may not directly or indirectly exercise supervisory authority over any person registered or required to be registered with the Commission under the Act or regulations thereunder;

3. Respondent shall not serve on any disciplinary committee, arbitration panel, governing board or oversight panel of any self-regulatory organization (SRO) subject to regulation by the Commission;

4. Respondent shall not violate any provision of the Act, the regulations thereunder, the Final Order and this Offer or any exchange bylaws, rules, regulations or requirements; and

5. lf the Commission, NFA, any SRO, law enforcement or regulatory agency institutes a proceeding charging Respondent with any violation of the Aci, Commission regulations, NFA requirements, SRO rules, or any order, statute, rule, or regulation, Respondent will immediately notify NFA in writing of such action. NFA may, upon written notice to Respondent, immediately suspend Respondent’s registration without regard to the procedures set forth in NFA’s Registration Rules, pending the conclusion of the proceedings containing such charge. Respondent shall have the opportunity for a hearing promptly after the suspension, at which NFA would have the burden of showing (i) that Respondent has been charged with the violation referred to herein, and (ii) that Respondent’s continued registration is likely to pose a threat to the public interest or threatens to impair public confidence in any market regulated by the Commission.

The CFTC recently published its proposed forex rules, including the registration requirements. Although the final rules and the date they will become effective have not yet been published, National Futures Association (NFA) has prepared this brief summary of the current proposed forex registration requirements to give firm and individual applicants a basic understanding of the registration process.

Firm Registrations

All forex firms registering as a Guaranteed Introducing Broker, Commodity Trading Advisor or Commodity Pool Operator must meet the following requirements:

Completed Online Registration Forms:
Applicants must file a completed 7-R form through NFA’s Online Registration System (ORS).  NFA has published an ORS Users Guide and a tutorial on its website that provide step-by-step instruction for the most common registration tasks.

Additional Requirements for Introducing Brokers:
Applicants registering as Guaranteed Introducing Brokers must submit a completed Guarantee Agreement (Form 1-FR-IB Part C) from a Forex Dealer Member (FDM).

Additional Requirements for Commodity Trading Advisors and Commodity Pool Operators:
Before they can begin soliciting customers, CTAs and CPOs must submit a Disclosure Document to NFA for approval. The Disclosure Document must be completed in accordance with NFA Compliance Rule 2-41.

Individual Registrations

Any individual applying as an Associated Person (AP) or Principal of a Forex IB, CTA or CPO must file a completed 8-R form through NFA’s Online Registration System (ORS).

Proficiency Exams:
All individuals who solicit retail off-exchange forex business or who supervise that activity will be required to take and pass two exams. One is the National Commodity Futures Examination (NCFE or Series 3), which covers on-exchange futures trading theory, terminology, and regulation. The second exam is a new exam, Series 34. This hour-long exam consists exclusively of forex-related questions. NFA has published Study Guides for both exams in the Registration section of its website (www.nfa.futures.org).

Both exams are currently available and are administered by the Financial Industry Regulatory Authority (FINRA). The testing application form (U10) can either be downloaded or completed online athttp://www.finra.org/Industry/Compliance/Registration/CRD/FilingGuidance/index.htm.

Fingerprint Cards:
NFA requires all individual applicants to submit fingerprint cards, which are sent to the Federal Bureau of Investigation (FBI) to determine if the applicant has a criminal record. NFA can only accept and process a complete FBI Applicant card. These cards are available by contacting NFA’s Information Center at 800-621-3570. Applicants are encouraged to submit more than one set of fingerprints with their application to avoid delays in obtaining additional sets if necessary for processing.

NFA offers a fingerprinting service for NFA applicants at the Chicago office (300 South Riverside Plaza, Suite 1800) between the hours of 8:30 a.m. and 4:00 p.m. for $15 (cash, check or money order). In order to use NFA’s fingerprint service, visitors must be pre-registered in the building’s visitor registry. Visitors should contact NFA’s Information Center (either by phone at 312-781-1410 or send an email to information@nfa.futures.org) to pre-register their name and date of visit so they can receive access to NFA’s offices on the 18th floor. NFA recommends that visitors pre-register at least a day prior to their visit.

All individuals being fingerprinted will be required to present two forms of identification, one of which is a valid picture ID issued by a government agency, in order to verify the identity of the person being fingerprinted. NFA now submits digital images of fingerprints to the FBI for criminal background checks. Results are received in three days or less, and in some cases within several hours, resulting in a faster and more efficient registration process.

CFTC Registration Fees:
$200 non-refundable registration fee for each IB, CTA or CPO

$85 non-refundable registration fee for each principal and/or AP of an IB, CTA or CPO

NFA Membership Dues:
$750 non-refundable annual dues for each IB, CTA or CPO

No person, unless eligible for membership in the contract market category, shall be eligible to become or remain a Member unless at least one of its principals is registered as an “associated person” under the Act and Commission Rules.

(1) If any Member fails to have at least one principal that is registered as an “associated person” NFA shall deem that Member’s failure to be a request to withdraw from NFA membership and shall notify that Member accordingly.

Proposed Amendments to NFA Bylaw 306, NFA Financial Requirements
Section 11(a), and the Interpretive Notice Regarding Forex Transactions