17 C.F.R. § 5.3

Registration of persons engaged in retail forex transactions

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(a) Subject to paragraph (b) of this section, each of the following is subject to the registration provisions under the Act and to part 3 of this chapter:

(1)(i) Any affiliated person of a futures commission merchant, as defined in § 5.1(a) of this part, which affiliated person:

(A) Solicits or accepts orders from any person that is not an eligible contract participant in connection with any retail forex transaction; or

(B) Accepts money, securities, or property (or extends credit in lieu thereof) in connection with such solicitation or acceptance of orders in order to engage in any retail forex transaction, is required to register as a retail foreign exchange dealer; and

(ii) Any associated person of an affiliated person of a futures commission merchant, as defined in § 5.1(c) of this part, is required to register as an associated person of an affiliated person of a futures commission merchant.

(2)(i) Any commodity pool operator, as defined in § 5.1(d)(1) of this part, is required to register as a commodity pool operator;

(ii) Any associated person of a commodity pool operator, as defined in § 5.1(d)(2) of this part, is required to register as an associated person of a commodity pool operator;

(3)(i) Any commodity trading advisor, as defined in § 5.1(e)(1) of this part, is required to register as a commodity trading advisor;

(ii) Any associated person of a commodity trading advisor, as defined in § 5.1(e)(2) of this part, is required to register as an associated person of a commodity trading advisor;

(4)(i) Any person registered as a futures commission merchant:

(A) That is not primarily or substantially engaged in the business activities described in section 1a(28)(A)(i)(I)(aa)(AA) of the Act and section 1a(28)(A)(i)(II) of the Act insofar as that section references the activities described in section 1a(28)(A)(i)(I)(aa)(AA);

(B) That solicits or accepts orders from any person that is not an eligible contract participant in connection with any retail forex transaction; and

(C) That accepts money, securities, or property (or extends credit in lieu thereof) in connection with such solicitation or acceptance of orders in order to engage in retail forex transactions, is required to register as a retail foreign exchange dealer;

(ii) Any associated person of a futures commission merchant described in paragraph (a)(4)(i) of this section is required to register as an associated person of a futures commission merchant;

(5)(i) Any introducing broker, as defined in § 5.1(f)(1) of this part, is required to register as an introducing broker;

(ii) Any associated person of an introducing broker, as defined in § 5.1(f)(2) of this part, is required to register as an associated person of an introducing broker;

(6)(i) Any retail foreign exchange dealer, as defined in § 5.1(h)(1) of this part is required to register as a retail foreign exchange dealer;

(ii) Any associated person of a retail foreign exchange dealer, as defined in § 5.1(h)(2) of this part, is required to register as an associated person of a retail foreign exchange dealer;

(b) Any person described in paragraph (a) of this section that is already registered in the required capacity specified in paragraph (a) is not required under this section to register twice in the same capacity; Provided, however, that a person already registered as an associated person of one class of registrant may also be required to register as an associated person of another class of registrant in order to comply with this section.

[75 FR 55432, Sept. 10, 2010, as amended at 76 FR 56106, Sept. 12, 2011]
Notes of Decisions
Cited in 14 cases (9 in the last 5 years), 2012–2024 · leading case: U.S. Commodity Futures Trading Comm'n v. Allied Markets LLC, 371 F. Supp. 3d 1035 (M.D. Fla. 2019).
U.S. Commodity Futures Trading Comm'n v. Allied Markets LLC, 371 F. Supp. 3d 1035 (M.D. Fla. 2019). · cites it 2× “§ 6k(2), and accompanying regulations, make it unlawful for a person to act as an AP of a CPO, that is, to solicit funds for a commodity pool or supervise persons engaged in such solicitation, without registering with CFTC.”
Commodity Futures Trading Comm'n v. GIGFX, LLC, 844 F. Supp. 2d 58 (D.C. Cir. 2012). · cites it 3× “17 C.F.R. § 5.3 (a)(6)®. B. Factual and Procedural Background According to the CFTC, GIGFX solicits United States customers through its website to open forex trading accounts.”
Commodity Futures Trading Comm'n v. Bryant (W.D.N.C. 2024). · cites it 5× “§§ 2 (c)(2)(C)(iii)(I)(bb), 6m(1), and 17 C.F.R. § 5.3 (a)(3)(i) Section 2(c)(2)(C)(iii)(I)(bb) prohibits any person not registered with the CFTC from acting as a retail forex CTA for non-ECPs, with exceptions not applicable to the present case.”
Commodity Futures Trading Comm'n v. Venture Capital Investments LTD (D. Colo. 2020). · cites it 4× “§ 6 (m)(1), and 17 C.F.R. §§ 5.3 (a)(2)(i) and 5.3(a)(3)(i) 7 U.”
Commodity Futures Trading Comm'n v. Fin. Tree (E.D. Cal. 2022). · cites it 3× “3(a)(2)(i), 17 C.F.R. § 5.3 (a)(2)(i) (2021), requires retail 27 forex CPOs, as defined by 17 C.”
Commodity Futures Trading Comm'n v. Oasis Int'l Grp., Ltd. (M.D. Fla. 2023). · cites it 2× “3(a)(2), 17 C.F.R. § 5.3 (a)(2), by failing to register as a CPO and retail forex CPO and AP of a CPO and AP of retail forex CPO.”
U.S. Commodity Futures Trading Comm'n v. Saf. Capital Mgmt., Inc. (E.D.N.Y 2024). · cites it 2× “3(a)(2)-(3), 17 C.F.R. § 5.3 (a)(2)-(3); and 6) Failure to produce documents upon request from the CFTC in violation of Regulation 1.”
Commodity Futures Trading Comm'n v. Avila (N.D. Tex. 2024). · cites it 2× “5 17 C.F.R. § 5.3 (a)(3). 6 7 U.S.C. § 2 (a)(1)(B).”
U.S. Commodity Futures Trading Comm'n v. Saf. Capital Mgmt., Inc. (E.D.N.Y 2024). · cites it 2× “3(a)(2)-(3), 17 C.F.R. § 5.3 (a)(2)-(3); and 6) Failure to produce documents upon request from the CFTC in violation of Regulation 1.”
Commodity Futures Trading Comm'n v. Gigfx, L.L.C. (D.D.C. 2012). · cites it 3× “17 C.F.R. § 5.3 (a)(6)(i). B. Factual and Procedural Background According to the CFTC, GIGFX solicits United States customers through its website to open forex trading accounts.”
Commodity Futures Trading Comm'n v. Fin. Tree (E.D. Cal. 2020). “3(a)(2) ( 17 C.F.R. § 5.3 (a)(2) (2019)) make it unlawful for an 6 entity or person to act as a CPO or AP of a CPO, that is, to operate or solicit funds for a 7 commodity pool or supervise persons engaged in such solicitation, without registering with 8 CFTC.”
<font Color=\red\">do Not File in This case</font> -transferred to Camden - New Civil Action No. 1:23-cv-11808" (D.N.J. 2023). “3(a)(6)(i), 17 C.F.R. § 5.3 (a)(6)(i), requires a person acting in the capacity of an RFED to register with the Commission as such.”
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