17 CFR 18.05 - Maintenance of books and records. | Title 17 - Commodity and Securities Exchanges | Code of Federal Regulations

§ 18.05 Maintenance of books and records.

(a) Every trader who holds or controls a reportable futures or option position shall keep books and records showing all details concerning all positions and transactions in the commodity:

(1) On all reporting markets;

(2) Over the counter or pursuant to sections 2(d), 2(g) or 2(h)(1)-(2) of the Act or part 35 of this chapter;

(3) On exempt commercial markets operating pursuant to sections 2(h)(3)-(5) of the Act;

(4) On exempt boards of trade operating pursuant to section 5d of the Act; and

(5) On foreign boards of trade.

(b) Every such trader shall also keep books and records showing all details concerning all positions and transactions in the cash commodity, its products and byproducts, and all commercial activities that the trader hedges in the futures or option contract in which the trader is reportable.

(c) The trader shall upon request furnish to the Commission any pertinent information concerning such positions, transactions, or activities in a form acceptable to the Commission.

[72 FR 60771, Oct. 26, 2007, as amended at 74 FR 12192, Mar. 23, 2009]

Title 17 published on 2012-04-01

The following are only the Rules published in the Federal Register after the published date of Title 17.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

2012-11-02; vol. 77 # 213 - Friday, November 2, 2012

77 FR 66288 - Adaptation of Regulations To Incorporate Swaps

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-25764
RIN	3038-AD53

COMMODITY FUTURES TRADING COMMISSION

Final rules.

Effective January 2, 2013.

17 CFR Parts 1, 4, 5, 7, 8, 15, 16, 18, 21, 22, 36, 38, 41, 140, 145, 155, and 166

Summary

The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act” or “DFA”) established a comprehensive new statutory framework for swaps and security-based swaps. The Dodd-Frank Act repeals some sections of the Commodity Exchange Act (“CEA” or “Act”), amends others, and adds a number of new provisions. The DFA also requires the Commodity Futures Trading Commission (“CFTC” or “Commission”) to promulgate a number of rules to implement the new framework. The Commission has proposed and finalized numerous rules to satisfy its obligations under the DFA. This rulemaking makes a number of conforming amendments to integrate the CFTC's regulations more fully with the new framework created by the Dodd-Frank Act.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

USC : Title 7 - AGRICULTURE

§ 2 - Jurisdiction of Commission; liability of principal for act of agent; Commodity Futures Trading Commission; transaction in interstate commerce

§ 4

§ 5 - Findings and purpose

§ 6a - Excessive speculation

§ 6c - Prohibited transactions

§ 6f - Registration and financial requirements; risk assessment

§ 6g - Reporting and recordkeeping

§ 6i - Reports of deals equal to or in excess of trading limits; books and records; cash and controlled transactions

§ 6k - Registration of associates of futures commission merchants, commodity pool operators, and commodity trading advisors; required disclosure of disqualifications; exemptions for associated persons

§ 6m - Use of mails or other means or instrumentalities of interstate commerce by commodity trading advisors and commodity pool operators; relation to other law

§ 6n - Registration of commodity trading advisors and commodity pool operators; application; expiration and renewal; record keeping and reports; disclosure; statements of account

§ 12a - Registration of commodity dealers and associated persons; regulation of registered entities

§ 19 - Consideration of costs and benefits and antitrust laws

Statutes at Large

122 Stat. 1624

Title 17 published on 2012-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 17 CFR 18 after this date.

2012-11-02; vol. 77 # 213 - Friday, November 2, 2012

77 FR 66288 - Adaptation of Regulations To Incorporate Swaps

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-25764
RIN	3038-AD53

COMMODITY FUTURES TRADING COMMISSION

Final rules.

Effective January 2, 2013.

17 CFR Parts 1, 4, 5, 7, 8, 15, 16, 18, 21, 22, 36, 38, 41, 140, 145, 155, and 166

Summary

The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act” or “DFA”) established a comprehensive new statutory framework for swaps and security-based swaps. The Dodd-Frank Act repeals some sections of the Commodity Exchange Act (“CEA” or “Act”), amends others, and adds a number of new provisions. The DFA also requires the Commodity Futures Trading Commission (“CFTC” or “Commission”) to promulgate a number of rules to implement the new framework. The Commission has proposed and finalized numerous rules to satisfy its obligations under the DFA. This rulemaking makes a number of conforming amendments to integrate the CFTC's regulations more fully with the new framework created by the Dodd-Frank Act.

2012-07-26; vol. 77 # 144 - Thursday, July 26, 2012

77 FR 43968 - Ownership and Control Reports, Forms 102/102S, 40/40S, and 71

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-16180
RIN	3038-AD31

COMMODITY FUTURES TRADING COMMISSION

Notice of proposed rulemaking (``Notice'').

Comments must be received on or before September 24, 2012.

17 CFR Parts 15, 17, 18, and 20

Summary

The Commodity Futures Trading Commission (“Commission” or “CFTC”) is proposing new rules and related forms to enhance its identification of futures and swap market participants. The proposed rules would leverage the Commission's existing position and transaction reporting programs by requiring the electronic submission of trader identification and market participant data on amended Forms 102 and 40, and on new Form 71. The proposed rules also incorporate a revised approach to the Commission's previous initiative to collect ownership and control information, through a dedicated ownership and control report (“OCR”), for trading accounts active on reporting markets that are designated contract markets or swap execution facilities. The Commission welcomes public comment on all aspects of its proposal.

17 CFR 18.05 - Maintenance of books and records.

CFR Toolbox

Law about... Articles from Wex

Find a Lawyer

Get Involved