§ 7.
(b)
Repealed. [Pub. L. 111–203, title VII, § 735(a)], July 21, 2010, [124 Stat. 1718]
(d)
Core principles for contract markets
(1)
Designation as contract market
(A)
In general
To be designated, and maintain a designation, as a contract market, a board of trade shall comply with—
(i)
any core principle described in this subsection; and
(B)
Reasonable discretion of contract market
(2)
Compliance with rules
(A)
In general
The board of trade shall establish, monitor, and enforce compliance with the rules of the contract market, including—
(ii)
the terms and conditions of any contracts to be traded on the contract market; and
(iii)
rules prohibiting abusive trade practices on the contract market.
(B)
Capacity of contract market
(3)
Contracts not readily subject to manipulation
(4)
Prevention of market disruption
The board of trade shall have the capacity and responsibility to prevent manipulation, price distortion, and disruptions of the delivery or cash-settlement process through market surveillance, compliance, and enforcement practices and procedures, including—
(A)
methods for conducting real-time monitoring of trading; and
(B)
comprehensive and accurate trade reconstructions.
(5)
Position limitations or accountability
(B)
Maximum allowable position limitation
(6)
Emergency authority
The board of trade, in consultation or cooperation with the Commission, shall adopt rules to provide for the exercise of emergency authority, as is necessary and appropriate, including the authority—
(A)
to liquidate or transfer open positions in any contract;
(B)
to suspend or curtail trading in any contract; and
(C)
to require market participants in any contract to meet special margin requirements.
(7)
Availability of general information
The board of trade shall make available to market authorities, market participants, and the public accurate information concerning—
(A)
the terms and conditions of the contracts of the contract market; and
(B)
(i)
the rules, regulations, and mechanisms for executing transactions on or through the facilities of the contract market; and
(ii)
the rules and specifications describing the operation of the contract market’s—
(I)
electronic matching platform; or
(II)
trade execution facility.
(8)
Daily publication of trading information
(9)
Execution of transactions
(B)
Rules
The rules of the board of trade may authorize, for bona fide business purposes—
(i)
transfer trades or office trades;
(ii)
an exchange of—
(I)
futures in connection with a cash commodity transaction;
(II)
futures for cash commodities; or
(III)
futures for swaps; or
(iii)
a futures commission merchant, acting as principal or agent, to enter into or confirm the execution of a contract for the purchase or sale of a commodity for future delivery if the contract is reported, recorded, or cleared in accordance with the rules of the contract market or a derivatives clearing organization.
(10)
Trade information
The board of trade shall maintain rules and procedures to provide for the recording and safe storage of all identifying trade information in a manner that enables the contract market to use the information—
(A)
to assist in the prevention of customer and market abuses; and
(B)
to provide evidence of any violations of the rules of the contract market.
(11)
Financial integrity of transactions
The board of trade shall establish and enforce—
(A)
rules and procedures for ensuring the financial integrity of transactions entered into on or through the facilities of the contract market (including the clearance and settlement of the transactions with a derivatives clearing organization); and
(B)
rules to ensure—
(i)
the financial integrity of any—
(I)
futures commission merchant; and
(II)
introducing broker; and
(ii)
the protection of customer funds.
(12)
Protection of markets and market participants
The board of trade shall establish and enforce rules—
(A)
to protect markets and market participants from abusive practices committed by any party, including abusive practices committed by a party acting as an agent for a participant; and
(B)
to promote fair and equitable trading on the contract market.
(13)
Disciplinary procedures
(15)
Governance fitness standards
(16)
Conflicts of interest
The board of trade shall establish and enforce rules—
(A)
to minimize conflicts of interest in the decision-making process of the contract market; and
(B)
to establish a process for resolving conflicts of interest described in subparagraph (A).
(17)
Composition of governing boards of contract markets
(18)
Recordkeeping
The board of trade shall maintain records of all activities relating to the business of the contract market—
(A)
in a form and manner that is acceptable to the Commission; and
(B)
for a period of at least 5 years.
(19)
Antitrust considerations
Unless necessary or appropriate to achieve the purposes of this chapter, the board of trade shall not—
(A)
adopt any rule or taking
1
So in original. Probably should be “take”.
any action that results in any unreasonable restraint of trade; or
(B)
impose any material anticompetitive burden on trading on the contract market.
(20)
System safeguards
The board of trade shall—
(A)
establish and maintain a program of risk analysis and oversight to identify and minimize sources of operational risk, through the development of appropriate controls and procedures, and the development of automated systems, that are reliable, secure, and have adequate scalable capacity;
(B)
establish and maintain emergency procedures, backup facilities, and a plan for disaster recovery that allow for the timely recovery and resumption of operations and the fulfillment of the responsibilities and obligations of the board of trade; and
(C)
periodically conduct tests to verify that backup resources are sufficient to ensure continued order processing and trade matching, price reporting, market surveillance, and maintenance of a comprehensive and accurate audit trail.
(21)
Financial resources
(B)
Determination of adequacy
(22)
Diversity of board of directors
(23)
Securities and Exchange Commission
(e)
Current agricultural commodities
(1)
Subject to paragraph (2) of this subsection, a contract for purchase or sale for future delivery of an agricultural commodity enumerated in
section 1a(9) of this title that is available for trade on a contract market, as of
December 21, 2000, may be traded only on a contract market designated under this section.
(2)
In order to promote responsible economic or financial innovation and fair competition, the Commission, on application by any person, after notice and public comment and opportunity for hearing, may prescribe rules and regulations to provide for the offer and sale of contracts for future delivery or options on such contracts to be conducted on a derivatives transaction execution facility.
([Sept. 21, 1922, ch. 369, § 5], as added [Pub. L. 106–554, § 1(a)(5) [title I, § 110(2)]], Dec. 21, 2000, [114 Stat. 2763], 2763A–384; amended [Pub. L. 111–203, title VII], §§ 721(e)(4), 735, July 21, 2010, [124 Stat. 1671], 1718.)