Form 7-R Exempt Foreign Firm Application

TEMPLATE: DO NOT SEND TO NFA
NATIONAL FUTURES ASSOCIATION
EXEMPT FOREIGN FIRM APPLICATION
Instructions for Using the Exempt Foreign Firm Application Template
This document is not an application form. Do not send this document to NFA. It is a template that you
may use to assist in filing the electronic application. You may fill out the template online and save and/or
print it when you are finished or you can download the template and/or print it and fill it out later.

Defined Terms
Terms that are underlined throughout the template are defined below. If you are completing this online,
clicking on the underlined term will open a separate document containing the definitions.
DEFINITION OF TERMS (The following terms are defined solely for the purpose of using NFA’s Online
Registration System.)
FINANCIAL SERVICES INDUSTRY: the commodities, securities, accounting, banking, finance,
insurance, law or real estate industries.
PERSON: an individual, association, partnership, corporation, limited liability company, limited liability
partnership, trust, or other form of business organization.
SELF-REGULATORY ORGANIZATION (SRO): a private, non-governmental organization authorized to set
and enforce standards or conduct for an industry. NFA, FINRA (formerly known as NASD), and the securities and futures exchanges in the U.S. are examples of domestic SROs. Securities and futures exchanges
in countries other than the U.S. are examples of foreign SROs.

Additional Assistance
Additional information regarding registration requirements and specific topics can be found on the
Registration page of NFA’s web site at www.nfa.futures.org. NFA’s Information Center, (800-621-3570 or
312-781-1410), is also available to provide assistance. It’s normal hours are Monday through Friday, from
8:00 AM to 5:00 PM CT.

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TEMPLATE: DO NOT SEND TO NFA
NATIONAL FUTURES ASSOCIATION
EXEMPT FOREIGN FIRM APPLICATION
Indicate the full legal name that appears on the firm’s corporate filings.
Firm Name*
NFA ID#*

Registration Categories
Check category(ies) for which the applicant is seeking exemption.
Registration Categories*
Introducing Broker
Commodity Trading Advisor
Commodity Pool Operator

Business Information
Enter Information. A P.O. Box address is not acceptable.

Business Address
Street Address1*
Street Address2
Street Address3
City
Province
Zip/Postal Code
Country*
Phone Number*
Fax Number
E-Mail Address
Web Site/URL
Federal EIN
CRD ID
*Required to file application
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TEMPLATE: DO NOT SEND TO NFA
NATIONAL FUTURES ASSOCIATION
EXEMPT FOREIGN FIRM APPLICATION

Other Names
Enter any name the applicant does or has done business as.
Other Names
Name

In Use

Not In Use

Name

In Use

Not In Use

Name

In Use

Not In Use

Name

In Use

Not In Use

Non-U.S. Regulator Information
Enter the name and address of each non-U.S. financial services industry regulatory authority or selfregulatory organization that regulates the applicant.
List of Non-U.S. Regulators

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TEMPLATE: DO NOT SEND TO NFA
NATIONAL FUTURES ASSOCIATION
EXEMPT FOREIGN FIRM APPLICATION
Agent Information
Indicate the applicant’s agent, located in the U.S., for purposes of accepting delivery and services of
communications.*

Agent Information
By indicating below that National Futures Association shall be the firm’s agent for service of process and other
communications and filing this Form 7-R, the firm agrees as follows:
WHEREAS, the Commodity Futures Trading Commission of the United States of America (“CFTC”) has provided
for the registration and regulation of persons engaged in the offer or sale in the United States, its territories or possessions,
of futures contracts and options transactions made or to be made on or subject to the rules of a board of trade, exchange or
market located outside the United States, its territories or possessions;
WHEREAS, the firm desires to engage in activities which would require it to register with the CFTC as an introducing
broker, commodity pool operator, and/or commodity trading advisor;
WHEREAS, the firm qualifies for and desires to utilize the alternative to registration pursuant to CFTC Regulation §30.5
(“the alternative procedure”) by appointing a United States agent for service of process and other communications;
WHEREAS, National Futures Association (“NFA”) is a Delaware corporation authorized by the CFTC to act as agent
for service of process and other communications for purposes of the alternative procedure; and
WHEREAS, the firm desires to appoint NFA as its agent for service of process and other communications;
NOW THEREFORE, the firm and NFA agree as follows:
1.

Services. The firm appoints NFA as its agent for service of process and other communications, as
contemplated by CFTC Regulation §30.5 (a) and (b). NFA shall accept service of process and other
communications on behalf of the firm and shall transmit such communications to the firm. Such
communications shall be transmitted to the address set forth in the application for confirmation of
exemption, by guaranteed four-day delivery if the firm is located in a major metropolitan area serviced
by generally recognized international air carriers or by the fastest available means of delivery if the
firm is not located in such a major metropolitan area. Provided, however, that nothing in this
Agreement shall require NFA to transmit communications by electronic or telephonic means except as
provided below.
If communications served on NFA on behalf of the firm require a response in five days or less, NFA
shall make a reasonable attempt to telephone the firm and advise the firm of the nature of the
communication. At the firm’s expense, NFA shall follow any reasonable instructions from the firm
concerning the delivery of the communication. Provided, however, that NFA shall not be required to
transmit any written communication by electronic or telephonic means without assurance,
acceptable to NFA, that the firm will pay any costs connected with such transmission.
Nothing in this Agreement shall authorize or require NFA to do any of the following: determine validity
of service or refuse to accept service; enter an appearance on behalf of the firm; or settle,
compromise, or defend any claim or action on behalf of the firm.

2.

Termination of Agreement. This Agreement shall remain in force until terminated. The firm may

*Required to file application

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TEMPLATE: DO NOT SEND TO NFA
NATIONAL FUTURES ASSOCIATION
EXEMPT FOREIGN FIRM APPLICATION
Agent Information
Indicate the applicant’s agent, located in the U.S., for purposes of accepting delivery and services of
communications.*

Agent Information (continued)
terminate this Agreement by amending its application for confirmation of exemption from registration
using NFA’s Online Registration System to designate a different agent for service of process and such
termination shall be effective on the date that the amendment is filed with NFA. NFA may terminate
this Agreement upon thirty days’ written notice to the firm. The withdrawal of the firm’s confirmation
of exemption from registration pursuant to CFTC Regulation 30.5 shall automatically terminate this
Agreement effective on the date of such withdrawal.
Notwithstanding the termination of this Agreement, NFA’s appointment as agent shall continue in
effect for, and this Agreement shall govern, service of process or other communications with respect
to any foreign futures or foreign options transactions entered into on or before the date this
Agreement terminated.
3.

Liability. NFA shall not be liable for incidental, consequential, or other special damages arising out of
any actual or alleged breach of contract, negligence, or other action or inaction by NFA, its directors,
officers, employees or agents in regard to the performance or nonperformance of this Agreement.
NFA shall not be liable for any losses or damages, including actual damages, which are or could be
mitigated by the firm.
If the firm defaults in any of the terms of this Agreement, the firm shall pay all costs and expenses,
including reasonable attorneys’ fees incurred by NFA in enforcing this Agreement.

4.

Indemnification. Except as provided in Paragraph 3 of this Agreement, the firm shall indemnify and
hold NFA harmless from any and all claims, liability, loss, damage, or expenses, including reasonable
attorneys’ fees, arising from NFA’s performance of the services specified under this Agreement.

5.

No Assignment. This Agreement shall not be assigned by either party without the written consent of
the other.

6.

Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of
the State of Illinois, United States of America. Provided, however, that nothing in this Agreement shall
be construed in any manner that is inconsistent with the Commodity Exchange Act and CFTC
Regulations.

7.

Execution of Agreement, Choice of Forum and Consent to Jurisdiction. This Agreement shall be
deemed to have been made by both parties in Cook County, State of Illinois, United States of America.
Each party hereto consents to the personal jurisdiction of the courts of the State of Illinois and the
United States District Court for the Northern District of Illinois over any action at law, suit in equity, or
judicial proceeding under or which may otherwise arise out of this Agreement and agrees not to
contest venue for any such proceeding in Cook County, State of Illinois. The firm agrees that any
action at law, suit in equity, or judicial proceeding under or which may otherwise arise out of this
Agreement shall be instituted by the firm only in the Courts of the State of Illinois or the United States
District Court for the Northern District of Illinois.

*Required to file application

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TEMPLATE: DO NOT SEND TO NFA
NATIONAL FUTURES ASSOCIATION
EXEMPT FOREIGN FIRM APPLICATION
Agent Information
Indicate the applicant’s agent, located in the U.S., for purposes of accepting delivery and services of
communications.*

Agent Information (continued)
8.

Severability. If any provision of this Agreement is held by any Court of competent jurisdiction to be
invalid, illegal or unenforceable for any reason, the remaining provisions of this Agreement shall not
be affected and this Agreement shall be construed and enforced as if this Agreement did not contain
the provision which is held to be invalid, illegal, or unenforceable.

9.

Heirs, Successors, and Assigns. This Agreement shall be binding on and shall inure to the benefit of
the heirs, executors, administrators, successors, and assigns of the parties hereto, but nothing
contained in this paragraph shall be construed as a consent by either party to any assignment of this
Agreement except as provided in Paragraph 6 of this Agreement.

10.

Notices. Except as otherwise provided in this Agreement, all notices or communications required by
or given under this Agreement shall be deemed given as of the date of receipt or, if earlier, as of the
date five days after such notices or communications are deposited in the United States mail, airmail
postage prepaid, or in the mails of any other country, airmail postage prepaid, or delivered to any
generally recognized international air carrier.
All notices to NFA shall be addressed as follows:
Vice President, Registration
National Futures Association
300 South Riverside Plaza, Suite 1800
Chicago, Illinois 60606
U.S.A.
All written notices to the firm shall be addressed to the address set forth in the application for
confirmation of exemption.

11.

Effective Date. Confirmation of the exemption from registration pursuant to CFTC Regulation 30.5 shall
constitute NFA’s acceptance of this Agreement and this Agreement shall be effective upon such
confirmation.

National Futures Association
A Registered Futures Commission Merchant through which the applicant does business
A person in the business of providing services as an agent for service of process

*Required to file application
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TEMPLATE: DO NOT SEND TO NFA
NATIONAL FUTURES ASSOCIATION
EXEMPT FOREIGN FIRM APPLICATION
Doing Business With Information
List all Futures Commission Merchants that the applicant does business with.

Doing Business With
Name
Name
Name
Name
Name
Name

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TEMPLATE: DO NOT SEND TO NFA
NATIONAL FUTURES ASSOCIATION
EXEMPT FOREIGN FIRM APPLICATION
Contact Information
Enter the requested contact information.

Exempt Foreign Firm Contact
First Name*
Last Name*
Title
Street Address1*
Street Address2
Street Address3
City**
State* (US Only)
Province
Zip/Postal Code**
Country*
Phone Number*
Fax Number
E-Mail Address

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*Required to file application
**Required to file application for United States address
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TEMPLATE: DO NOT SEND TO NFA
NATIONAL FUTURES ASSOCIATION
EXEMPT FOREIGN FIRM APPLICATION
Privacy Act and Paperwork Reduction Act Notice
OMB# 3038-0023
Privacy Act and Paperwork Reduction Act Notice
The information in Forms 7-R, 7-W, 8-R and 8-T and on the fingerprint card is being collected pursuant to authority granted
in Sections 4f, 4k, 4n, 8a and 19 of the Commodity Exchange Act [7 U.S.C. §§ 6f, 6k, 6n, 12a and 23]. Under Section 4d of the
Commodity Exchange Act [7 U.S.C. §6d], it is unlawful for anyone to act as a futures commission merchant or introducing
broker without being registered in that capacity under the Act. Under Section 4m of the Commodity Exchange Act [7 U.S.C.
§6m], it is unlawful for a commodity trading advisor or commodity pool operator to make use of the mails or any means or
instrumentality of interstate commerce in connection with his business as a commodity trading advisor or commodity pool
operator without being registered in the appropriate capacity under the Act, except that a commodity trading advisor who,
during the course of the preceding 12 months, has not furnished commodity trading advice to more than 15 persons and
does not hold himself out generally to the public as a commodity trading advisor, need not register. Under Section 19 of
the Commodity Exchange Act [7 U.S.C. §23] and Section 31.5 of the CFTC’s regulations, it is unlawful for anyone to act as a
leverage transaction merchant without being registered in that capacity under the Act.
The information requested in Form 7-R is designed to assist NFA and the CFTC, as appropriate, in determining whether the
application for registration should be granted or denied and to maintain the accuracy of registration files. The information
in Form 7-W is designed to assist NFA and the CFTC in determining whether it would be contrary to the requirements of
the Commodity Exchange Act, or any rule, regulation or order thereunder, or the public interest to permit withdrawal from
registration.
The information requested in Form 8-R and on the fingerprint card will be used by the CFTC or NFA, as appropriate, as a basis
for initiating an inquiry into the individual’s fitness to be an associated person, floor broker or floor trader or to be a principal
of a futures commission merchant, introducing broker, commodity trading advisor, commodity pool operator or leverage
transaction merchant. Portions of the information requested in Form 8-R will be used by the CFTC and, in appropriate cases,
by NFA, to confirm the registration of certain associated persons. The information requested in Form 8-T will be used by the
CFTC, and, in appropriate cases, by NFA, to record the registration status of the individual and, in appropriate cases, as a
basis for further inquiry into the individual’s fitness to remain in business subject to the CFTC’s jurisdiction.
With the exception of the social security number, all information in Forms 8-R and 8-T must be furnished. Disclosure of the
social security number is voluntary. Disclosure of the Federal employer identification number is voluntary. The Social security
number and the Federal employer identification number are sought pursuant to the Debt Collection Improvement Act of
1996. Under the Debt Collection Improvement Act, a social security number or a taxpayer identifying number furnished to the
CFTC as part of the registration process can be used for purposes of collecting and reporting on any debt owed to the U.S.
Government, including civil monetary penalties. The furnishing of a social security number or Federal employer identification
number, however, assists the CFTC and NFA in identifying individuals and firms and therefore expedites the processing of
those forms.
The failure by an applicant, registrant or principal to timely file a properly completed Form 7-R and all other related required
filings may result in the denial of an application for registration or withdrawal thereof or, in the case of an annual records
maintenance fee, treating the registrant as having petitioned for withdrawal. Failure by an applicant, registrant or principal
to timely file or cause to be filed a properly completed Form 8-R or 8-T, any other required related filings, or a fingerprint card
may result in the lapse, denial, suspension or revocation of registration, withdrawal of the application or other enforcement or
disciplinary action by the CFTC or NFA.
With the exception of the fingerprint card, any information contained in the Personal Information Section and any information

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TEMPLATE: DO NOT SEND TO NFA
NATIONAL FUTURES ASSOCIATION
EXEMPT FOREIGN FIRM APPLICATION
Privacy Act and Paperwork Reduction Act Notice
contained in Matter Information pages related to the Disciplinary Information Sections on Form 8-R and on Form 8-T or
Item 7 on Form 8-W, the Forms 7-R, 7-W, 8-R and 8-T are considered by the CFTC to be public records and will be available
for inspection by any person pursuant to CFTC Rule 145.6(b), 17 CFR 145.6(b). Copies will be maintained by National Futures
Association, Registration Department, Suite 1800, 300 S. Riverside Plaza, Chicago, IL 60606-6615. Further, the CFTC or NFA
may disclose the fingerprint card and any other information described above to third parties pursuant to routine uses which
the CFTC has published in the Federal Register or as otherwise authorized under the Privacy Act, [5 U.S.C. §552a], and
the Commodity Exchange Act. Disclosure of such information may be made by the CFTC as follows: (1) in connection with
administrative proceedings or matters in litigation; (2) in connection with investigations; (3) where the information is furnished
to regulatory, self-regulatory and law enforcement or other governmental agencies to assist them in meeting responsibilities
assigned to them by law or made available to any member of Congress who is acting in his or her capacity as a member of
Congress; (4) where disclosure is required under the Freedom of Information Act [5 U.S.C. §552]; (5) in connection with an
employer’s hiring or retention of an employee; (6) in connection with the verification of information submitted for sponsorship
purposes; (7) in other circumstances in which the withholding of such information appears unwarranted; and (8) in connection
with legally required or authorized reports. Disclosure may be made by NFA in accordance with rules approved by the CFTC.
If an individual believes that the placing in the CFTC’s or NFA’s public files of any of the information contained in the Personal
Information Section or in Matter Information pages related to Disciplinary Information on Form 8-R and on Form 8-T or Item 7
on Form 8-W, or on the fingerprint card would constitute a clearly unwarranted invasion of his personal privacy, the individual
may petition the CFTC, pursuant to 17 CFR 145.9, to treat such information as confidential in response to requests under
the Freedom of Information Act (FOIA) [5 U.S.C. §552]. The CFTC will make no determination as to confidential treatment of
information submitted unless and until the information is the subject of an FOIA request. The filing of a petition for confidential
treatment, however, does not guarantee that the information will be treated confidentially in response to an FOIA request.
Forms which have not been prepared and executed in compliance with applicable requirements may not be acceptable for
filing. Acceptance of this form shall not constitute any finding that the information is true, current or complete. Misstatements
or omissions of fact may constitute federal criminal violations [7 U.S.C. §13 and 18 U.S.C. §1001] or grounds for disqualification
from registration.
This notice is provided in accordance with the requirements of the Privacy Act, [5 U.S.C. §552a(e)(3)] and summarizes some
of an individual’s rights under the Privacy Act [5 U.S.C. §552a] and the Freedom of Information Act [5 U.S.C. §552]. Individuals
desiring further information should consult the CFTC’s regulations under the Privacy Act, 17 CFR Part 146, and under the
Freedom of Information Act, 17 CFR Part 145, and the CFTC’s annual notice, published in the Federal Register, pursuant to the
Privacy Act, of the existence and character of each system of records maintained by the CFTC.
You are not required to provide the information requested on a form subject to the Paperwork Reduction Act unless the form
displays a valid OMB Control Number.
The time needed to complete and file Form 7-R, Form 3-R, Form 7-W, Form 8-R and Form 8-T and Form 8-W may vary depending
upon individual circumstances. The estimated average times are:
Form 3-R
Form 7-W
Form 8-R
Form 8-T
Form 8-W

Form 7-R
FCM
IB
CPO
CTA

30 minutes
24 minutes
24 minutes
24 minutes

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3 minutes
3 minutes
20 minutes
6 minutes
3 minutes

TEMPLATE: DO NOT SEND TO NFA
NATIONAL FUTURES ASSOCIATION
EXEMPT FOREIGN FIRM APPLICATION
Firm Agreement
BY FILING THIS FORM 7-R, THE APPLICANT AGREES THAT SUCH FILING CONSTITUTES THE
APPLICANT’S certification that the answers and the information provided in the Form 7-R are true, complete and accurate
and that in light of the circumstances under which the applicant has given them, the answers and statements in the Form
7-R are not misleading in any material respect; certification that the person who electronically files the Form 7-R on behalf
of the applicant is authorized by the applicant to file the Form 7-R and to make the certifications, representations, requests,
acknowledgements, authorizations and agreements contained in this Rule; acknowledgement that the applicant is subject
to the imposition of criminal penalties under Section 9(a) of the Act and 18 U.S.C. §1001 for any false statements or omissions
made in the Form 7-R; acknowledgement that the applicant is responsible at all times for maintaining the information in the
Form 7-R in a complete, accurate and current manner by electronically filing updates to the information contained therein;
acknowledgement that the applicant may not act as an FCM, IB, CPO or CTA until registration has been granted; in the case
of an IB, until registration or a temporary license has been granted; or until confirmation of exemption from registration
as an IB, CPO or CTA pursuant to CFTC Regulation 30.5 is granted; authorization that NFA may conduct an investigation
to determine the applicant’s fitness for registration or for confirmation of exemption from registration as an IB, CPO and
CTA pursuant to CFTC Regulation 30.5 and, if applicable, NFA membership and agreement to cooperate promptly and fully,
consistent with applicable Federal law, in such investigation, which investigation may include contacting foreign regulatory
and law enforcement authorities, including the submission of documents and information to NFA that NFA, in its discretion,
may require in connection with the applicant’s application for registration, confirmation of exemption from registration as an
IB, CPO and CTA pursuant to CFTC Regulation 30.5 or NFA membership; authorization and request that any person, including
but not limited to contract markets or DTFs, furnish upon request to NFA or any agent acting on behalf of NFA any information
requested by NFA in connection with any investigation conducted by NFA to determine the applicant’s fitness for registration
or for confirmation of exemption from registration as an IB, CPO and CTA pursuant to CFTC Regulation 30.5; agreement
that any person furnishing information to NFA or any agent acting on behalf of NFA in connection with the investigation so
authorized is released from any and all liability of whatever nature by reason of furnishing such information to NFA or any
agent acting on behalf of NFA; agreement that, if the applicant is a foreign applicant: the applicant’s books and records will be
available for inspection by the CFTC, the U.S. Department of Justice (“DOJ”) and NFA for purposes of determining compliance
with the Act, CFTC Regulations and NFA Requirements; such books and records will be produced on 72 hours notice at the
location in the United States stated in the Form 7-R or, in the case of an IB, CPO or CTA confirmed as exempt from registration
pursuant to CFTC Regulation 30.5, at the location specified by the CFTC or DOJ; the applicant will immediately notify NFA of
any changes to the location in the United States where such books and records will be produced; the applicant is not subject
to any blocking, privacy or secrecy laws which would interfere with or create an obstacle to full inspection of the applicant’s
books and records by the CFTC, DOJ and NFA; and the failure to provide the CFTC, DOJ or NFA with access to its books and
records in accordance with this agreement may be grounds for enforcement and disciplinary sanctions, denial, suspension
or revocation of registration; withdrawal of confirmation of exemption from registration as an IB, CPO or CTA pursuant to
CFTC Regulation 30.5; and denial, suspension or termination of NFA membership; representation that if the applicant is an
applicant for exemption from registration as an IB, CPO or CTA pursuant to CFTC Regulation 30.5: the applicant does not act
as an IB, CPO or CTA, respectively, in connection with trading on or subject to the rules of a designated contract market in
the United States by, for or on behalf of any U.S. customer, client or pool; the applicant irrevocably agrees to the jurisdiction
of the Commission and state and federal courts located in the U.S. with respect to activities and transactions subject to Part
30 of the CFTC’s regulations; and the applicant would not be statutorily disqualified from registration under §8a(2) or §8a(3) of
the Act and is not disqualified from registration pursuant to the laws or regulations of its home country; an express agreement
that, whenever admitted to NFA membership, the applicant and its employees shall become and remain bound by all NFA
requirements, including without limitation all applicable NFA Bylaws, Compliance Rules, Financial Requirements, Registration
Rules, Code of Arbitration and Member Arbitration Rules, as then and thereafter in effect, and that this agreement shall apply
each time the applicant becomes a Member of NFA; and if the applicant is applying for NFA membership, certification that the
applicant has authorized the person filing this application for NFA membership to file it on the Applicant’s behalf.

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