(a) Except as provided in paragraph (b) of this section, no commodity trading advisor may solicit, accept or receive from an existing or prospective client funds, securities or other property in the trading advisor's name (or extend credit in lieu thereof) to purchase, margin, guarantee or secure any commodity interest of the client.
(b) The prohibition in paragraph (a) of this section shall not apply to:
(1) A futures commission merchant that is registered as such under the Act;
(2) A leverage transaction merchant that is registered as a commodity trading advisor under the Act;
(3) A retail foreign exchange dealer that is registered as such under the Act; or
(4) A swap dealer that is registered as such under the Act, with respect to funds, securities or other property accepted to purchase, margin, guarantee or secure any swap that is not cleared through a derivatives clearing organization.
[77 FR 54359, Sept. 5, 2012]
Notes of Decisions
Commodity Futures Trading Comm'n v. Equity Fin. Grp. LLC, 572 F.3d 150 (3rd Cir. 2009).
· cites it 5× “§ 13c(a) for aiding and abetting Tech Traders’s violation of 17 C.F.R. § 4.30 . The court enjoined defendants from participating in commodity markets, and it ordered restitution,, disgorgement of profits, and civil penalties.”
Commodity Futures Trading Comm'n v. Weinberg, 287 F. Supp. 2d 1100 (C.D. Cal. 2003).
“9 of the Commission’s Regulations, 17 C.F.R. § 4.30 and 32.9 (1989). The Order directed that: 1) Weinberg’s registration as a commodity trading advisor under the Act be revoked; 2) Weinberg cease and desist from engaging in violations of the provisions of the Act and Regulations…”
Commodity Futures Trading Comm'n v. Bryant (W.D.N.C. 2024).
· cites it 2× “4 17 C.F.R. § 4.30 (a) provides that “no commodity trading advisor may solicit, accept or receive from an existing or prospective client funds, securities or other property in the trading advisor’s name .”
Commodity Futures Trading Comm'n v. Equity Fin. Grp. LLC, 537 F. Supp. 2d 677 (D.N.J. 2008).
· cites it 2× “CFTC claims that Shimer and Firth failed to register as associated persons (“APs”) of the commodity pool operator. Finally, CFTC alleges that Shimer impermissibly accepted and traded third party funds in the name of Tech Traders, the commodity trading advisor, in violation of 17…”
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