(a) Each futures commission merchant which invests customer funds, and each derivatives clearing organization which invests customer funds of its clearing members' customers or option customers, shall keep a record showing the following:
(1) The date on which such investments were made;
(2) The name of the person through whom such investments were made;
(3) The amount of money or current market value of securities so invested;
(4) A description of the instruments in which such investments were made, including the CUSIP or ISIN numbers;
(5) The identity of the depositories or other places where such instruments are segregated;
(6) The date on which such investments were liquidated or otherwise disposed of and the amount of money or current market value of securities received of such disposition, if any;
(7) The name of the person to or through whom such investments were disposed of; and
(8) Daily valuation for each instrument and readily available documentation supporting the daily valuation for each instrument. Such supporting documentation must be sufficient to enable auditors to verify the valuations and the accuracy of any information from external sources used in those valuations.
(b) Each derivatives clearing organization which receives documents from its clearing members representing investment of customer funds shall keep a record showing separately for each clearing member the following:
(1) The date on which such documents were received from the clearing member;
(2) A description of such documents, including the CUSIP or ISIN numbers; and
(3) The date on which such documents were returned to the clearing member or the details of disposition by other means.
(c) Such records shall be retained in accordance with § 1.31. No such investments shall be made except in instruments described in § 1.25.
(Approved by the Office of Management and Budget under control numbers 3038-0007 and 3038-0024)
[46 FR 54520, Nov. 3, 1981, as amended at 46 FR 63035, Dec. 30, 1981; 62 FR 42401, Aug. 7, 1997; 65 FR 78013, Dec. 13, 2000; 70 FR 28204, May 17, 2005]
Title 17 published on 2013-04-01
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