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CFR › Title 17 › Chapter I › Part 190 › Section 190.09

17 CFR 190.09 - Member property.

There is 1 rule appearing in the Federal Register for 17 CFR 190. Select the tab below to view, or View eCFR (GPOAccess)
§ 190.09 Member property.
(a) Member property. “Member property” means, in connection with a clearing organization bankruptcy, the property which may be used to pay that portion of the net equity claim of a member which is based on its house account.
(b) Scope of member property. Member property shall include all money, securities and property received, acquired, or held by a clearing organization to margin, guarantee or secure the proprietary account, as defined in § 1.3(y) of this chapter, of a clearing member: Provided, however, That any guaranty deposit or similar payment or deposit made by such member and any capital stock, or membership of such member in the clearing organization shall also be included in member property after payment in full of that portion of the net equity claim of the member based on its customer account and of any obligations due the clearing organization which may be paid therefrom in accordance with the by-laws or rules of the clearing organization, including obligations due from the clearing organization to customers or other members.
Effective Date Note:
At 77 FR 6382, Feb. 7, 2012, § 190.09 was amended by revising paragraph (b), effective April 9, 2012. For the convenience of the user, the revised text is set forth as follows:
§ 190.09 Member property.
(b) Scope of Member Property. Member property shall include all money, securities and property received, acquired, or held by a clearing organization to margin, guarantee or secure, on behalf of a clearing member, the proprietary account, as defined in § 1.3 of this chapter, any account not belonging to a foreign futures or foreign options customer pursuant to the proviso in § 30.1(c), and any Cleared Swaps Proprietary Account, as defined in § 22.1: Provided, however, that any guaranty deposit or similar payment or deposit made by such member and any capital stock, or membership of such member in the clearing organization shall also be included in member property after payment in full of that portion of the net equity claim of the member based on its customer account and of any obligations due to the clearing organization which may be paid therefrom in accordance with the by-laws or rules of the clearing organization, including obligations due from the clearing organization to customers or other members.

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.

  • 2013-04-16; vol. 78 # 73 - Tuesday, April 16, 2013
    1. 78 FR 22418 - Reassignment of Commission Staff Responsibilities and Delegations of Authority
      GPO FDSys XML | Text
      COMMODITY FUTURES TRADING COMMISSION
      Final rule.
      These amendments shall become effective on April 16, 2013.
      17 CFR Parts 1, 3, 5, 9, 11, 31, 40, 41, 140, 145, 170, 171 and 190

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

§ 1a - Definitions

§ 6d - Dealing by unregistered futures commission merchants or introducing brokers prohibited; duties in handling customer receipts; conflict-of-interest systems and procedures;...to avoid duplicative regulations; swap requirements; portfolio margin

§ 6g - Reporting and recordkeeping

§ 7a - Repealed.

§ 12 - Public disclosure

§ 19 - Consideration of costs and benefits and antitrust laws

§ 24 - Customer property with respect to commodity broker debtors; definitions

USC : Title 11 - BANKRUPTCY

§ 362 - Automatic stay

§ 546 - Limitations on avoiding powers

§ 548 - Fraudulent transfers and obligations

§ 556 - Contractual right to liquidate, terminate, or accelerate a commodities contract or forward contract

§ 761 - Definitions for this subchapter

§ 762 - Notice to the Commission and right to be heard

§ 763 - Treatment of accounts

§ 764 - Voidable transfers

§ 765 - Customer instructions

§ 766 - Treatment of customer property

USC : Title 21 - FOOD AND DRUGS

§ 321 - Definitions; generally

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 190 after this date.

  • 2013-04-16; vol. 78 # 73 - Tuesday, April 16, 2013
    1. 78 FR 22418 - Reassignment of Commission Staff Responsibilities and Delegations of Authority
      GPO FDSys XML | Text
      COMMODITY FUTURES TRADING COMMISSION
      Final rule.
      These amendments shall become effective on April 16, 2013.
      17 CFR Parts 1, 3, 5, 9, 11, 31, 40, 41, 140, 145, 170, 171 and 190