Download:
pdf |
pdfTEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Instructions for Using the Individual Application Template
READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING OR REVIEWING THE
APPLICATION. THE FAILURE TO ANSWER ALL QUESTIONS COMPLETELY AND ACCURATELY OR
THE OMISSION OF REQUIRED INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF
REGISTRATION.
THE FAILURE TO DISCLOSE A DISCIPLINARY MATTER EITHER IN AN APPLICATION OR AN
UPDATE WILL RESULT IN THE IMPOSITION OF A LATE DISCLOSURE FEE IN ACCORDANCE WITH
NFA REGISTRATION RULE 210(c).
Not every section applies to every applicant. Certain sections apply depending on the registration category or
categories being applied for. The text above these sections explains who must complete the section.
DEFINED TERMS
Words that are underlined in this form are either defined terms and have the meanings contained in the
Definition of Terms section or links to the text of Commodity Exchange Act provisions, CFTC Regulations or
NFA Rules.
GENERAL
Read the Instructions and Questions Carefully
A question that is answered incorrectly because it was misread or misinterpreted can result in severe
consequences, including denial or revocation of registration. Although this applies to all questions in the
application, it is particularly important to the questions in the Disciplinary Information Section.
Rely Only on Advice from NFA Staff
A question that is answered incorrectly because of advice received from a lawyer, employer, a judge or anyone
else (other than a member of NFA’s Registration Investigations or Legal (“RIL”) staff) can result in severe
consequences, including denial or revocation of registration. This also applies to all questions in the form, but
is particularly important regarding the Disciplinary Information Section. If the language of a question in the
Disciplinary Information Section requires disclosure of a matter, a “Yes” answer to the question is required no
matter what other advice has been received from anyone other than NFA’s RIL staff. Additionally, the applicant
or registrant remains responsible for failures to disclose even if someone completes the form on the applicant’s or
registrant’s behalf.
Update the Information on the Application
If information provided on the application changes or a matter that would have required disclosure on the
application occurs after the application is filed, the new information must be promptly filed. APs and Principals
should advise their Sponsors of the new information, and the Sponsor must file the update on their behalf. The
Page 1 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Instructions for Using the Individual Application Template
failure to promptly update information can result in severe consequences, including denial or revocation of
registration.
Compliance with Disclosure Requirements of Another Regulatory Body is not Sufficient
With some exceptions, which are described below in the Regulatory and Financial Disclosures sections, if any
question requires the provision of information, that information must be provided. In particular, if a question in
the Disciplinary Information Section requires disclosure of a matter, the question must be answered “Yes” and
additional documents must be provided even if the matter has been disclosed to another regulatory body such as
FINRA, an exchange or a state regulator. Similarly, disclosure is required even if another regulatory body does
NOT require disclosure of the same matter.
Call NFA with Questions
If there is any question about whether particular information must be provided, whether a particular matter
must be disclosed or whether a particular question requires a “Yes” answer, call the NFA Information Center
at (800) 621-3570 or (312) 781-1410. Representatives are available from 8:00 a.m. to 5:00 p.m., Central Time,
Monday through Friday. If the advice of NFA staff is sought, a written record containing the date of the
conversation, the name of the NFA staff person giving the advice and a description of the advice should be made
during the conversation and kept in the event an issue concerning disclosure of the matter arises later.
DISCIPLINARY INFORMATION SECTION
Criminal Disclosures
Some common mistakes in answering the criminal disclosure questions involve expungements, diversion
programs and similar processes. The Commodity Futures Trading Commission requires a “Yes” answer even if
the matter has been expunged or the records sealed, there was no adjudication or finding of guilt, the guilty plea
was vacated or set aside or the matter was dismissed upon completion of the diversion program.
Another common error regarding criminal matters concerns matters that do not involve the futures industry.
All criminal matters must be disclosed, even if a matter is unrelated to the futures industry, unless the case was
decided in a juvenile court or under a Youth Offender law.
Regulatory Disclosures
Regulatory actions taken by the Commodity Futures Trading Commission, NFA or U.S. futures exchanges do
not need to be disclosed since NFA is already aware of them once they are entered into NFA’s BASIC system.
Financial Disclosures
It is not necessary to disclose arbitration awards or CFTC reparations matters unless the applicant or registrant
Page 2 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Instructions for Using the Individual Application Template
has failed to pay an award related to a CFTC-related product or an order entered in a reparations matter.
Only adversary actions that a bankruptcy trustee files must be disclosed. Adversary actions that creditors file are
not disclosable. A person named as a party to an adversary action in a bankruptcy proceeding must disclose the
action, even if the person is not the bankrupt person.
ADDITIONAL DOCUMENTS
For each matter that caused a “Yes” answer, a Disclosure Matter Page (“DMP”), which is accessible using NFA’s
DMP Filing System, must be filed. In addition to the required DMP, other documents about the matter must
be provided to NFA. If court documents are unavailable, a letter from the court verifying that must be sent to
NFA. If documents other than court documents are unavailable, the person must provide a written explanation
for their unavailability. Electronic copies of the documents can be uploaded using NFA’s DMP Filing System
or you can send documents to NFA by emailing electronic documents to [email protected], faxing
documents to (312) 559-3411 or mailing documents to NFA Registration Department, 300 S. Riverside Plaza,
Suite 1800, Chicago IL 60606.
Like answering the questions correctly, providing all documents to NFA is important. Failure to do so will delay
the registration process and may result in a denial of the application.
DEFINITION OF TERMS
(The following terms are defined solely for the purpose of using NFA’s Online Registration System.)
10% OR MORE INTEREST: direct or indirect ownership of 10% or more of an entity’s stock; entitlement to
vote or empowered to sell 10% or more of an entity’s voting securities; contribution of 10% or more of an entity’s
capital; or entitlement to 10% or more of an entity’s net profits.
ADJUDICATION: in a criminal case, a determination by the court that the defendant is guilty or not guilty.
ADVERSARY ACTION: a lawsuit arising in or related to a bankruptcy case commenced by a creditor or
bankruptcy trustee by filing a complaint with the bankruptcy court.
ALIAS: another name utilized by an individual or previously used by an entity.
CHARGE: a formal complaint, information, indictment or equivalent instrument containing an accusation of a
crime.
DBA: abbreviation for Doing Business As. The firm is doing its futures, retail off-exchange forex or swaps
Page 3 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Instructions for Using the Individual Application Template
business by this name.
DESIGNATED SUPERVISOR: solely for the purpose of determining whether the Branch Manager Examination
(Series 30) is required, Designated Supervisor means a person who is registered with
FINRA (formerly known as NASD) as a General Securities Representative and has been designated to act as the
supervisor of an office that is not an Office of Supervisory Jurisdiction (“non-OSJ”), provided that:
• either the futures activity conducted in the non-OSJ that is subject to the Designated Supervisor’s
supervision is limited to activity not requiring the Series 3 Examination and both the Designated
Supervisor and the Branch Manager of the Office of Supervisory Jurisdiction to which the non-OSJ reports
have otherwise satisfied NFA’s Proficiency Requirements appropriate to their supervisory activities; or
• the activity that is conducted in the non-OSJ that requires the Series 3 Examination is supervised by the
Branch Manager of the Office of Supervisory Jurisdiction to which the non-OSJ reports and both the
Designated Supervisor and Branch Office Manager have passed the Series 3 Examination.
ENJOINED: subject to an injunction.
ENTITY: any person other than an individual.
ENTITY FLOOR TRADER: an applicant that files or registrant that filed a Form 7-R to apply for registration as
a floor trader.
FELONY: any crime classified as a felony and for states and countries that do not differentiate between a felony
or misdemeanor, an offense that could result in imprisonment for any period of more than one year. The term
also includes a general court martial.
FINANCIAL SERVICES INDUSTRY: the commodities, securities, accounting, banking, finance, insurance, law
or real estate industries.
FLOOR TRADER ORDER ENTERER: an individual responsible for entry of orders from an Entity Floor
Trader’s own account
FOUND: subject to a determination that conduct or a rule violation has occurred. The term applies to
dispositions of any type, including but not limited to consent decrees or settlements in which the findings are
neither admitted nor denied or in which the findings are for settlement or record purposes only.
INDIRECT OWNER: an individual who through agreement, holding companies, nominees, trusts or otherwise:
• is the owner of 10% or more of the outstanding shares of any class of an entity’s equity securities, other
than non-voting securities;
• is entitled to vote 10% or more of the outstanding shares of any class of an entity’s equity securities, other
than non-voting securities;
• has the power to sell or direct the sale of 10% or more of the outstanding shares of any class of an entity’s
equity securities, other than non-voting securities;
• is entitled to receive 10% or more of an entity’s net profits; or
Page 4 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Instructions for Using the Individual Application Template
• has the power to exercise a controlling influence over an entity’s activities that are subject to regulation by
the Commission.
INTERNAL REVENUE CODE:
Section 7203: Willful Failure to File Return, Supply Information or Pay Tax
Section 7204: Fraudulent Statement or Failure to Make Statement
Section 7205: Fraudulent Withholding Exemption Certificate or Failure to Supply Information
Section 7207: Fraudulent Returns, Statements or Other Documents
INVESTMENT RELATED STATUTES:
• The Commodity Exchange Act
• The Securities Act of 1933
• The Securities Exchange Act of 1934
• The Public Utility Holding Company Act of 1935
• The Trust Indenture Act of 1939
• The Investment Advisers Act of 1940
• The Investment Company Act of 1940
• The Securities Investors Protection Act of 1970
• The Foreign Corrupt Practices Act of 1977
• Chapter 96 of Title 18 of the United States Code
• Any similar statute of a State or foreign jurisdiction
• Any rule, regulation or order under any such statutes; and
• The rules of the Municipal Securities Rulemaking Board
MISDEMEANOR: any crime classified as a misdemeanor and for states and countries that do not differentiate
between a felony or misdemeanor, an offense that could result in imprisonment for any period of at least six days
but not more than one year. By way of example, an offense for which the maximum period of imprisonment is
60 days would be considered a misdemeanor. The term also includes a special court martial.
NON-U.S. NATURAL PERSON: an individual who has not resided in the U.S. since reaching the age of 18
years.
OTHER NAME: For firms or sole proprietors, any other name that the applicant uses or has used in the past
for its futures, retail off-exchange forex or swaps business but not the name of any other legal entity that the
applicant has an affiliation or association with (see DBA). For individuals, this is any name the person is or has
Page 5 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Instructions for Using the Individual Application Template
been known by. For example, a maiden name, an alias name that you use or are known by, or a previous name if
you have changed your legal name.
OUTSIDE DIRECTOR: an individual who is director of an applicant or registrant and who
• is not an officer or employee of the applicant or registrant;
• is not engaged in or have direct supervisory responsibility over persons engaged in the solicitation of
• or acceptance of customers’ orders or retail forex customers’ orders;
• funds, securities or property for participation in a commodity pool;
• a client’s or prospective client’s discretionary account;
• leverage customers’ orders for leverage transactions;
• or acceptance of a swap agreement; or
• does not regularly have access to the keeping, handling or processing of:
• transactions involving “commodity interests”, as that term is defined in CFTC Regulation 1.3(yy);
• customer funds, retail forex customer funds, leverage customer funds, foreign futures or foreign
options secured amount, or adjusted net capital.
PERSON: an individual, association, partnership, corporation, limited liability company, limited liability
partnership, trust, or other form of business organization.
PRINCIPAL: means, with respect to an applicant, a registrant, or a person required to be registered under the
Act:
(1) an individual who is:
• a sole proprietor of a sole proprietorship;
• a general partner of a partnership;
• a director, president, chief executive officer, chief operating officer, chief financial officer, or a person in
charge of a business unit, division or function subject to regulation by the Commission of a corporation,
limited liability company or limited liability partnership;
• a manager, managing member or a member vested with the management authority for a limited liability
company or limited liability partnership; or
• a chief compliance officer; or
(2) an individual who directly or indirectly, through agreement, holding companies, nominees, trusts or
otherwise:
• is the owner of 10% or more of the outstanding shares of any class of an applicant or registrant’s equity
securities, other than non-voting securities;
• is entitled to vote 10% or more of the outstanding shares of any class of an applicant or registrant’s equity
securities, other than non-voting securities;
• has the power to sell or direct the sale of 10% or more of the outstanding shares of any class of an applicant
or registrant’s equity securities, other than non-voting securities;
• is entitled to receive 10% or more of an applicant or registrant’s net profits; or
• has the power to exercise a controlling influence over an applicant or registrant’s activities that are subject
to regulation by the Commission; or
Page 6 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Instructions for Using the Individual Application Template
(3) an entity that:
• is a general partner of a partnership; or
• is the direct owner of 10% or more of the outstanding shares of any class of an applicant or registrant’s
equity securities, other than non-voting securities; or
(4) an individual who or an entity that:
• has contributed 10% or more of an applicant or registrant’s capital unless such capital contribution consists
of subordinated debt contributed by:
• an unaffiliated bank insured by the Federal Deposit Insurance Corporation;
• an unaffiliated ‘‘foreign bank,’’ as defined in 12 CFR 211.21(n) that currently operates an ‘‘office of a
foreign bank,’’ as defined in 12 CFR 211.21(t), which is licensed under 12 CFR 211.24(a);
• such office of an unaffiliated, licensed foreign bank; or
• an insurance company subject to regulation by any State,
provided such debt is not guaranteed by an individual who or entity that is not a principal of the applicant or
registrant.
For the purpose of answering Questions A, B, C, D, E, F, G, I and K of the Disciplinary Information sections,
PRINCIPAL also means an individual described in (1), (2) or (4) above with respect to any entity whether or not
the entity is an applicant, registrant, or a person required to be registered under the Act.
SELF-REGULATORY ORGANIZATION (SRO): a private, non-governmental organization authorized to set
and enforce standards of 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.
UNITED STATES CRIMINAL CODE:
Section 152: Concealment of assets, making false claims or bribery in connection with a bankruptcy
Section 1341, 1342 or 1343: Mail fraud
Chapter 25: Counterfeiting and forgery
Chapter 47: Fraud or false statements in a matter within the jurisdiction of a United States department or
agency
Chapter 95 or 96: Racketeering and Racketeering Influence
Page 7 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Instructions for Using the Individual Application Template
Completing the Proficiency Requirements Section
Individuals who are applying for registration as an AP or who are principals of a sole proprietorship must satisfy
proficiency requirements. Individuals who have already satisfied the proficiency requirements do not need to
complete the Proficiency Requirements section. An individual will have satisfied the proficiency requirements if:
• NFA has evidence that the individual has taken and passed the National Commodity Futures Examination
(Series 3) or the Limited Futures Examination-Regulations (Series 32):
• within two years prior to the date the application is filed; or
• more than two years prior to the date the application is filed and since that date there has not been a
period of two consecutive years during which the individual was not registered as an AP or FB or an
FCM, RFED, IB, CTA, CPO or LTM that was a Member of NFA; or
• The individual is registered as a Floor Broker on the date the application is filed.
Individuals who must complete the Proficiency Requirements section must indicate whether they intend to
use the Series 3 examination or one or more alternative means to satisfying proficiency requirements. Some of
the alternatives require that an individual limit the activities that he or she intends to engage in and to pass an
alternative examination. Individuals who have already passed an alternative examination do not complete the
questions related to alternative examinations if:
• NFA has evidence that the individual has taken and passed the examination that the individual intends to
use to satisfy the alternative proficiency requirement:
• within two years prior to the date the application is filed; or
• more than two years prior to the date the application is filed and since that date there has not been a
period of two consecutive years during which the individual was not registered as an AP or FB or an
FCM, RFED, IB, CTA, CPO or LTM that was a Member of NFA.
Individuals seeking approval as a forex associated person or as a sole proprietor forex firm must satisfy
proficiency requirements before engaging in off-exchange forex business with retail customers. Individuals
who have already satisfied the proficiency requirements do not need to complete the Proficiency Requirements
section. An individual will have satisfied the proficiency requirements if:
• NFA has evidence that the individual has passed the Series 3 or Series 32 exam requirement (as described
above) and
• NFA has received satisfactory evidence that the applicant has passed the Series 34 within two years of
the date the application is filed or
• since the date the applicant last passed the Series 34 there has not been a period of two consecutive
years during which the applicant has not been either registered as an AP or FB or an FCM, RFED, IB,
CTA, CPO or LTM that was a Member of NFA; or
• The individual was registered as an AP, FB or an approved sole proprietor principal on May 22, 2008, and
there has not been a period of two consecutive years since that date during which the applicant has not
been either registered as an AP or FB or an FCM, RFED, IB, CTA, CPO or LTM that was a Member of
NFA.
Page 8 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Instructions for Using the Individual Application Template
Individuals filing as Branch Office Managers must indicate whether they will satisfy the Branch Manager
proficiency requirements using the Branch Manager Examination (Series 30) or an alternative. The individual
does not complete the Branch Manager proficiency section if the individual has already satisfied the Branch
Manager proficiency requirements. An individual will have already satisfied the Branch Manager proficiency
requirements if NFA has evidence that the individual has taken and passed the Series 30 and since the date the
individual last ceased acting as a branch office manager, there has not been a period of two consecutive years
during which he or she has not been registered as an AP.
Additional Assistance
Additional information regarding registration requirements and specific topics can be found on the Registration
page of NFA’s website at www.nfa.futures.org. NFA’s Information Center, (800-621-3570 or 312-781-1410), is
also available to provide assistance. Its normal hours are Monday through Friday, from 8:00 AM to 5:00 PM, CT.
Page 9 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Name
Enter all required information.
Enter the individual’s full legal name. Do not use nicknames or abbreviations. For example, if the individual’s
name is Charles, enter Charles, not Chuck.
First & Middle Name* _____________________Last Name* (Surname)________________________Suffix____
NFA ID#__________________________________________________________________________________
Sponsor Information and Registration Categories
Indicate sponsor and office where applicant is located and check category(ies).
Sponsor Information
Sponsor*___________________________________________________________________________________
Main/Branch Office*__________________________________________________________________________
Categories*
Associated Person Branch Office Manager Principal Floor Trader Order Enterer
Applicants whose sponsor is designated as a Forex Firm answer this question.
Will your activities involve the solicitation of customers for managed accounts, pooled investment vehicles, or
individual accounts or transactions in off-exchange foreign currency transactions as described in Sections 2(c)
(2)(B) or 2(c)(2)(C) of the Act, or the supervision of persons involved in such solicitation activities?*
Yes No
*Required to file application
Page 10 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Categories* (cont.)
Applicants whose sponsor is designated as a Swap Firm answer these questions.
Will your activities involve the solicitation of customers for swaps transactions subject to the jurisdiction of the
Commodity Futures Trading Commission or the supervision of persons involved in such solicitation activities?*
Yes No
Individual’s activities involve:
Swaps transactions only
Swaps, futures and options on futures and/or retail off-exchange foreign currency transactions
Associated Person applicants who are registered with other sponsors complete this section.
Current Sponsor Information
List the applicant’s current sponsor(s), if applicable.
Sponsor Name______________________________________________________________________________
Sponsor Name______________________________________________________________________________
Floor broker and floor trader applicants complete this section
Select category(ies)
Registration Categories
Categories*
Floor Broker Floor Trader
Are you requesting a change from floor broker to floor trader?
Are you requesting a change from floor trader to floor broker?
Yes No
Yes No
*Required to file application
Page 11 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Individuals filing as principals complete this section
Principal Information
Check all that apply.
Principal Title*
SOLE PROPRIETOR
CHIEF COMPLIANCE OFFICER
GENERAL PARTNER
HEAD OF A BUSINESS UNIT, DIVISION OR FUNCTION
DIRECTOR
MANAGER – LLC OR LLP
PRESIDENT
MANAGING MEMBER – LLC OR LLP
CHIEF EXECUTIVE OFFICER VESTED WITH MANAGEMENT AUTHORITY – LLC OR LLP
CHIEF OPERATING OFFICER OWNER
CHIEF FINANCIAL OFFICER INDIRECT OWNER
NO LISTED TITLE
10% or more interest*
Yes No
Personal Information
Enter all required information.
Other Names
Enter any other name by which you are or have been known.
First and Middle Name_______________________________________________________________________
Last Name (Surname) and Suffix________________________________________________________________
*Required to file application
Page 12 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Personal Information (cont.)
Birth Information
Enter information about applicant’s date and location of birth
Date of Birth*
Month________________________________ Day_______________________ Year_____________________
City**_____________________________________ State* (US Only)_________________________________
Province___________________________________________________________________________________
Country*__________________________________________________________________________________
Residential Address
P.O. Box address is not acceptable.
Street Address 1*___________________________________________________________________________
Street Address 2____________________________________________________________________________
Street Address 3____________________________________________________________________________
City**_____________________________________ State* (US Only)_________________________________
Province__________________________________ Zip/Postal Code**_________________________________
Country*__________________________________________________________________________________
U.S. Social Security #________________________________________________________________________
*Required to file application | **Required to file application for United States address
Page 13 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Personal Information (cont.)
Floor broker and floor trader applicants complete this section
Business Mailing Address
Street Address 1*___________________________________________________________________________
Street Address 2____________________________________________________________________________
Street Address 3____________________________________________________________________________
City**_____________________________________ State* (US Only)_________________________________
Province__________________________________ Zip Code**______________________________________
Country*__________________________________________________________________________________
Email_____________________________________________________________________________________
CRD ID__________________________________________________________________________________
*Required to file application | **Required to file application for United States address
Page 14 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Fingerprint Card Information
The applicant’s properly signed fingerprint cards will be sent to NFA.
applicant is a non-U.S. natural person and:
ThePursuant
to CFTC Regulation 3.21(e), the sponsor has caused a criminal history background check to be
performed for the applicant and the criminal history background check:
A) Is of a type that would reveal all matters listed under Sections 8a(2)(D) or 8a(3)(D), (E) or (H) of the
Act;
B) Does not reveal any matters that constitute a disqualification under Sections 8a(2)(D) or 8a(3)(D),
(E) or (H) of the Act, other than those disclosed to NFA; and
C) Was completed not more than one calendar year prior to the date this application is filed.
applicant is an outside director and the sponsor will file with NFA a notice pursuant to CFTC
The
Regulation 3.21(c).
The applicant’s fingerprint card was sent to FINRA within the past 90 days.
Fingerprint Card Demographic Information
Individuals submitting a fingerprint card or who sent a fingerprint card to FINRA within the past 90 days
complete this section.
The following information is used to conduct a criminal background check with the U.S. Federal Bureau of
Investigations. The FBI requires this information to be submitted with your fingerprints to perform this check.
Gender*______________________________Race*________________________________________________
Eye Color*____________________________Hair Color*___________________________________________
Height*_________feet ________inch(es) Weight*_________________________________________pounds
Country of Citizenship_______________________________________________________________________
*Required to file application
Page 15 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Floor broker and floor trader applicants complete this section
Exchange Affiliation
Select the exchange(s) at which you have been granted membership or trading privileges or at which you have an
application pending.*
Chicago Board of Trade
Commodity Exchange Inc
CBOE Futures Exchange LLC
Chicago Mercantile Exchange
ICE Futures US Inc
Minneapolis Grain Exchange
NASDAQ Futures Inc
New York Mercantile Exchange
*Required to file application
Page 16 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Disciplinary Information – Criminal Disclosures
For additional assistance and information on completing this page refer to the Instructions and Definition of
Terms at the beginning of this document.
Answer the following questions.
YOU MUST ANSWER “YES” TO THE QUESTIONS ON THIS PAGE EVEN IF:
• ADJUDICATION OF GUILT WAS WITHHELD OR THERE WAS NO CONVICTION; OR
• THERE WAS A CONDITIONAL DISCHARGE OR POST-CONVICTION DISMISSAL AFTER
SUCCESSFUL COMPLETION OF A SENTENCE; OR
• A STATE CERTIFICATE OF RELIEF FROM DISABILITIES OR SIMILAR DOCUMENT WAS ISSUED
RELIEVING THE HOLDER OF FORFEITURES, DISABILITIES OR BARS RESULTING FROM A
CONVICTION; OR
• THE RECORD WAS EXPUNGED OR SEALED; OR
• A PARDON WAS GRANTED.
YOU MAY ANSWER “NO” IF THE CASE WAS DECIDED IN A JUVENILE COURT OR UNDER A YOUTH
OFFENDER LAW.
For each matter that requires a “Yes” answer to Questions A, B or C below, you must provide additional
information by filing a Criminal Disclosure Matter Page (“DMP”) for each criminal matter using NFA’s DMP
Filing system that requests:
•
•
•
•
•
who was involved;
when it occurred;
what the allegations were;
what the final determination was, if any; and
the date of the determination.
You must also provide documents regarding each criminal matter requiring a “Yes” answer, that show
• the charges;
• the classification of the offense, i.e., felony or misdemeanor;
• the plea, sentencing and probation information, as applicable;
• the final disposition; and
• a summary of the circumstances surrounding the criminal matter.
You may provide these documents electronically using the upload function in the DMP Filing System or sending
them to NFA (See Instruction).
Page 17 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Disciplinary Information – Criminal Disclosures (cont.)
Question A.*
(1) Have you personally or
(2) has any entity of which you were a Principal at the time the activities occurred
ever pled guilty or nolo contendere (“no contest”) to or been convicted or found guilty of any felony in any U.S.,
non-U.S. or military court?
Yes No
Question B.*
(1) Have you personally or
(2) has any entity of which you were a Principal at the time the activities occurred
ever pled guilty to or been convicted or found guilty of any misdemeanor in any U.S., non-U.S. or military
court which involves:
• embezzlement, theft, extortion, fraud, fraudulent conversion, forgery, counterfeiting, false pretenses, bribery, gambling, racketeering or misappropriation of funds, securities or property;
• violation of sections 7203, 7204, 7205 or 7207 of the Internal Revenue Code of 1986; or
• violation of sections 152, 1341, 1342, or 1343 or chapters 25, 47, 95 or 96 of the U.S. Criminal Code; or
• any transaction in or advice concerning futures, options, leverage transactions or securities?
Yes No
Question C.*
(1) Are you personally or
(2) is any entity of which you were a Principal at the time the activities occurred
a party to any action, or is there a charge pending, the resolution of which could result in a “Yes” answer to the
above questions?
Yes No
*Required to file application
Page 18 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Disciplinary Information – Criminal Disclosures (cont.)
Applicants with all “No” answers above answer this question
Even though you answered “No” to all of the above questions, would you like to provide a Criminal DMP?*
Yes No
Applicants with “Yes” answers above answer this question
Will you be filing a Criminal DMP with respect to a new matter?*
Yes No
Disciplinary Information – Regulatory Disclosures
For additional assistance and information on completing this page refer to the Instructions and Definition of
Terms at the beginning of this document.
For each matter that requires a “Yes” answer to Questions D, E, F, G, H or I below, you must provide additional
information by filing a Regulatory DMP for each regulatory matter using NFA’s DMP Filing system that requests:
•
•
•
•
•
•
who was involved;
when it occurred;
what the allegations were;
what the final determination was, if any;
the date of the determination; and
a summary of the circumstances surrounding the regulatory matter.
You must also provide documents regarding each regulatory matter requiring a “Yes” answer, that show
• the allegations; and
• the final disposition.
You may provide these documents electronically using the upload function in the DMP Filing System or sending
them to NFA (See Instruction).
*Required to file application
Page 19 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Disciplinary Information – Regulatory Disclosures (cont.)
Question D.*
In any case brought by a U.S. or non-U.S. governmental body (other than the CFTC),
(1) have you personally or
(2) has any entity of which you were a Principal at the time the activities occurred
ever been permanently or temporarily enjoined after a hearing or default or as the result of a settlement, consent
decree or other agreement, from engaging in or continuing any activity involving:
• any transaction in or advice concerning futures, options, leverage transactions or securities; or
• embezzlement, theft, extortion, fraud, fraudulent conversion, forgery, counterfeiting, false pretenses, bribery, gambling, racketeering or misappropriation of funds, securities or property?
Yes No
Question E.*
In any case brought by a U.S. or non-U.S. governmental body (other than the CFTC),
(1) have you personally or
(2) has any entity of which you were a Principal at the time the activities occurred
ever been found after a hearing or default or as the result of a settlement, consent decree or other agreement, to:
• have violated any provision of any investment-related statute or regulation thereunder; or
• have violated any statute, rule, regulation or order which involves embezzlement, theft, extortion, fraud,
fraudulent conversion, forgery, counterfeiting, false pretenses, bribery, gambling, racketeering or misappropriation of funds, securities or property; or
• have willfully aided, abetted, counseled, commanded, induced or procured such violation by any other
person; or
• have failed to supervise another person’s activities under any investment-related statute or regulation
thereunder?
Yes No
*Required to file application
Page 20 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Disciplinary Information – Regulatory Disclosures (cont.)
Question F.*
(1) Have you personally or
(2) has any entity of which you were a Principal at the time the activities occurred
ever been debarred by any agency of the U. S. from contracting with the U. S.?
Yes No
Question G.*
(1) Have you personally or
(2) has any entity of which you were a Principal at the time the activities occurred
ever been the subject of any order issued by or a party to any agreement with a U.S. or non-U.S. regulatory authority (other than the CFTC), including but not limited to a licensing authority, or self-regulatory organization
(other than NFA or a U.S. futures exchange) that prevented or restricted your ability to engage in any business in
the financial services industry?
Yes No
Question H.*
Are any of the orders or other agreements described in Question G currently in effect against you personally?
Yes No
Question I.*
(1) Are you personally or
(2) is any entity of which you were a Principal at the time the activities occurred
a party to any action, or is there a charge pending, the resolution of which could result in a “Yes” answer to the
above questions?
Yes No
*Required to file application
Page 21 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Disciplinary Information – Regulatory Disclosures (cont.)
Applicants with all “No” answers above answer this question
Even though you answered “No” to all of the above questions, would you like to provide a Regulatory DMP?*
Yes No
Applicants with “Yes” answers above answer this question
Will you be filing a Regulatory DMP with respect to a new matter?*
Yes No
*Required to file application
Page 22 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Disciplinary Information – Financial Disclosures
For additional assistance and information on completing this page refer to the Instructions and Definition of
Terms at the beginning of this document.
For each matter that requires a “Yes” answer to Questions J and K below, you must provide additional information by filing a Financial DMP for each financial matter using NFA’s DMP Filing system that requests:
•
•
•
•
•
•
who was involved;
when it occurred;
what the allegations were;
what the final determination was, if any;
the date of the determination; and
a summary of the circumstances surrounding the financial matter.
For actions filed with bodies other than NFA or the CFTC, you must also provide documents regarding each
financial matter requiring a “Yes” answer that show
• the allegations; and
• the final disposition.
You may provide these documents electronically using the upload function in the DMP Filing System or sending
them to NFA (See Instruction).
Answer the following questions.
Question J.*
Have you failed to pay any arbitration awards involving CFTC-regulated products, CFTC civil monetary penalties, CFTC restitution amounts, CFTC disgorgement amounts, or CFTC reparation amounts?
Yes No
Question K.*
(1)
Have you personally or
(2)
has any entity of which you were a Principal at the time the activities occurred ever been the subject of an
adversary action brought by a U.S. bankruptcy trustee?
Yes No
*Required to file application
Page 23 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Disciplinary Information – Financial Disclosures (cont.)
Applicants with all “No” answers above answer this question
Even though you answered “No” to all of the above questions, would you like to provide a Financial DMP?*
Yes No
Applicants with “Yes” answers above answer this question
Will you be filing a Financial DMP with respect to a new matter?*
Yes No
Disciplinary Information – Employment Disclosures
For additional assistance and information on completing this page refer to the Instructions and Definition of
Terms at the beginning of this document.
For each matter that requires a “Yes” answer to Question L below, you must provide additional information by
filing an Employment DMP for each employment matter using NFA’s DMP Filing system that requests:
•
•
•
•
•
•
who was involved;
when it occurred;
what the allegations were;
what the final determination was, if any;
the date of the determination; and
a summary of the circumstances surrounding the employment matter.
You must also provide documents regarding each employment matter requiring a “Yes” answer that show
• the allegations; and
• the final disposition.
You may provide documents regarding each employment matter electronically using the upload function in the
DMP Filing System or sending them to NFA (See Instruction).
*Required to file application
Page 24 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Answer the following question.
Question L.*
Have you ever been discharged or permitted to resign for cause as a result of allegations of:
• embezzlement, theft, extortion, fraud, fraudulent conversion, forgery, counterfeiting, false pretenses,
bribery, gambling, racketeering or misappropriation of funds, securities or property; or
• failure to supervise another person in the conduct of such person’s activities as a registrant of the CFTC,
SEC, NFA, FINRA or other U.S. or non-U.S. self-regulatory organization?
Yes No
Applicants with a “No” answer above answer this question
Even though you answered “No” to the above question, would you like to provide an Employment DMP?*
Yes No
Applicants with a “Yes” answer above answer this question
Will you be filing an Employment DMP with respect to a new matter?*
Yes No
*Required to file application
Page 25 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Employment, Education and Residential History
Employment and Education History
The CFTC requires that the sponsor attempt to communicate with all of the applicant’s previous employers and
educational institutions for the past three years and to maintain documentation in their files that includes the
names of the persons contacted and the dates of contact or, if no contact was made, the reason why.
Enter your employment and personal history, working back 10 years. All time must be accounted for, including
self-employment, part-time employment, unemployment, military service and full-time education. If more
spaces are needed, complete the information in another document and attach it to this document.
Month and Year
From*:_______________________________ To (leave blank if current):________________________________
Employment/School
Name*:____________________________________________________________________________________
Location*:__________________________________________________________________________________
Position Held and Reason for Leaving:___________________________________________________________
Month and Year
From*:_______________________________ To (leave blank if current):________________________________
Employment/School
Name*:____________________________________________________________________________________
Location*:__________________________________________________________________________________
Position Held and Reason for Leaving:___________________________________________________________
*Required to file application
Page 26 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Employment and Education History (cont.)
Month and Year
From*:_______________________________ To (leave blank if current):________________________________
Employment/School
Name*:____________________________________________________________________________________
Location*:__________________________________________________________________________________
Position Held and Reason for Leaving:___________________________________________________________
Month and Year
From*:_______________________________ To (leave blank if current):________________________________
Employment/School
Name*:____________________________________________________________________________________
Location*:__________________________________________________________________________________
Position Held and Reason for Leaving:___________________________________________________________
Residential History
List your residential addresses, working back five (5) years. All time must be accounted for. Post office box
address is not acceptable. If more spaces are needed, complete the information in another document and attach
it to this document.
Month and Year
From*:________________________ To (leave blank if current):_______________________________________
Residential Address
__________________________________________________________________________________________
*Required to file application
Page 27 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Residential History (cont.)
Month and Year
From*:________________________ To (leave blank if current):_______________________________________
Residential Address
__________________________________________________________________________________________
Month and Year
From*:________________________ To (leave blank if current):_______________________________________
Residential Address
__________________________________________________________________________________________
Month and Year
From*:________________________ To (leave blank if current):_______________________________________
Residential Address
__________________________________________________________________________________________
Month and Year
From*:________________________ To (leave blank if current):_______________________________________
Residential Address
__________________________________________________________________________________________
*Required to file application
Page 28 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Proficiency Requirements
Answer the following questions.
Have you passed the Series 3 Examination within the past two years?*
Yes No
Only individuals intending to use an alternative(s) to satisfy the proficiency requirements complete this
section.
Check one of the following, if applicable
If you are a registered General Securities Representative of the sponsor, and your futures activity will be limited
to any of the two following activities, check each that applies:
You limit futures activities to those activities covered in the Futures Managed Funds Examination
(Series 31): the solicitation of pool participants and/or the solicitation of discretionary accounts
managed by a CTA, or the supervision of others engaged in such solicitations.
Have you passed the Series 31 Examination within the past two years?*
Yes No
You limit your futures activity as provided in NFA Registration Rule 401(b) to referring clients to
another AP
of the sponsor or to supervising others who make such referrals.
here if you have been registered or licensed to solicit futures business by a foreign regulatory
Check
authority located in Canada or the United Kingdom within the past two years and are therefore eligible to
satisfy the proficiency requirements by passing the Limited Futures Examination – Regulations (Series 32).
Have you passed the Series 32 Examination within the past two years?*
Yes No
Check here if your sponsor is a CPO that trades swaps subject to the jurisdiction of the CFTC in a
commodity
pool that but for the trading of such swaps would be eligible for the exclusion under CFTC
Regulation 4.5(c)(2)(iii)(A) or (B) or the exemption under CFTC Regulation 4.13(a)(3) and the sponsor
has been granted or is seeking a waiver from the Series 3 for its APs pursuant to NFA Registration Rule
401(e)(2)(ii) or if your sponsor is a CTA that provides advice on behalf of the sponsor to a commodity pool
as described above.
*Required to file application
Page 29 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Proficiency Requirements (cont.)
Check here if your sponsor is a CPO that operates pools primarily engaged in securities transactions or a
CTA
that provides futures trading advice solely incidental to its securities advisory services and your
sponsor has been granted or is seeking a waiver from the Series 3 for its APs pursuant to the Interpretive
Notices to NFA Registration Rule 402.
Only individuals filing as a forex associated person complete this section.
Have you passed the Series 34 Examination within the past two years?*
Yes No
Only individuals filing as a branch office manager complete this section.
Have you passed the Series 30 Examination within the past two years?*
Yes No
Are you eligible to be a Branch Office Manager or Designated Supervisor under FINRA rules?*
Yes No
Paperwork Reduction Act Notice
OMB Numbers 3038-0023 and 3038-0072
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 7-W, Form 8-R and Form 8-T may vary depending upon
individual circumstances. The estimated average times are:
Form 7-R
FCM
SD
MSP
RFED
0.6 hours
1.1 hours
1.1 hours
0.6 hours
IB
CPO
CTA
FT
0.5 hours
0.5 hours
0.5 hours
0.6 hours
Form 7-W
Form 8-R
Form 8-T
0.1 hours
1.0 hour
0.2 hours
*Required to file application
Page 30 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Privacy 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 2(c), 4f, 4k, 4n, 4s, 8a and 19 of the Commodity Exchange Act, 7 U.S.C. §§ 2(c),
6f, 6k, 6n, 6s, 12a and 23. Under Section 2(c), it is unlawful for anyone to engage in off-exchange foreign
currency futures transactions or off-exchange foreign currency leveraged, margined or financed transactions
with persons who are not eligible contract participants without registration, or exemption from registration, as
a retail foreign exchange dealer, futures commission merchant, introducing broker, commodity pool operator
or commodity trading advisor, as appropriate. 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 4s of the Commodity Exchange Act, 7 U.S.C. §6s, it is unlawful
for anyone to act as a swap dealer or major swap participant without being registered in that capacity under
the Act. 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 conducting 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, swap dealer, major swap
participant, retail foreign exchange dealer, introducing broker, commodity trading advisor, commodity pool
operator, leverage transaction merchant or non-natural person floor trader.
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 and Federal employer identification number, all information
in Forms 8-R and 8-T must be furnished. Disclosure of the social security number and Federal employer
identification number is voluntary. The social security number and the Federal employer identification number
Page 31 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Privacy Act Notice (cont.)
are sought pursuant to the Debt Collection Improvement Act of 1996, which allows the CFTC to use the social
security number or taxpayer identifying number furnished to the CFTC as part of the registration process
for purposes of collecting and reporting on any debt owed to the U.S. Government, including civil monetary
penalties. Although voluntary, the furnishing of a social security number or Federal employer identification
number 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.
NFA makes available to the public on NFA website(s), including the Background Affiliation Status Information
Center (BASIC), firm directories, business addresses, telephone numbers, registration categories, effective dates
of registration, registration status, and disciplinary action taken concerning futures commission merchants,
introducing brokers, commodity pool operators, commodity trading advisors, swap dealers, major swap
participants and retail foreign exchange dealers and their associated persons and principals; non-natural person
floor traders and their principals; and floor trader order enterers.
Additional information on Forms 7-R, 7-W, 8-R and 8-T is publicly available, and may be accessed by contacting
the National Futures Association, Registration Department, Suite 1800, 300 S. Riverside Plaza, Chicago, IL
60606-6615, except for the following information, which is generally not available for public release unless
required under the Freedom of Information Act (FOIA) :
• the fingerprint card, including its demographic information;
• social security number;
• date of birth;
• location of birth;
• current residential address; and
• any supplementary information filed in response to the Form 8-R “Personal Information,” “Disciplinary
Information,” “Matter Information,” or “Disclosure Matter” sections, Form 8-T “Withdrawal Reasons,”
“Disciplinary Information,” or “Matter Information” sections, and Form 7-W, “Additional Customer
Information” sections.
The CFTC, or NFA acting in accordance with rules approved by the CFTC, may disclose to third parties any
information provided on Forms 7-R, 7-W, 8-R and 8-T pursuant to the Commodity Exchange Act, 7 U.S.C. §
1 et. seq., Privacy Act of 1974, 5 U.S.C. § 552a (Privacy Act), and the Commission’s Privacy Act routine uses
published in the Federal Register, which may include, but is not limited to, disclosure to Federal, state, local, or
foreign law enforcement or regulatory authorities acting within the scope of their jurisdiction or for their use
in meeting responsibilities assigned to them by law. The information will be maintained and disclosures will be
Page 32 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Privacy Act Notice (cont.)
made in accordance with CFTC Privacy Act System of Records Notice CFTC-12, National Futures Association
(NFA) Applications Suite System (Exempted), CFTC-10, Investigatory Records (Exempted), or another relevant
System of Records Notice, available from the CFTC “Privacy Program” page, http://www.cftc.gov/Transparency/
PrivacyOffice.
If an individual believes that information on the forms is confidential, the individual may petition the CFTC,
pursuant to 17 CFR 145.9, to treat such information as confidential in response to requests under FOIA. 5 U.S.C.
§552. The filing of a petition for confidential treatment, however, does not guarantee that the information will be
treated confidentially in response to a FOIA request. 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.
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. 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 published System of Records Notices, which
describe the existence and character of each system of records maintained by the CFTC, available at the CFTC
“Privacy Program” page.
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.
Sponsor Agreement
Sponsor certifies that:
the Form 8-R is, to the best of the Sponsor’s knowledge, information and belief, true, complete and accurate and
that in light of the circumstances under which the Sponsor has given them, the answers and statements in the
Form 8-R are not misleading in any material respect;
the AP applicant, Forex AP applicant, Swap AP applicant, principal or Floor Trader Order Enterer has authorized
the Sponsor to electronically file the Form 8-R on the AP applicant’s, Forex AP applicant’s or Swap AP applicant’s
behalf, the principal’s behalf or the Floor Trader Order Enterer’s behalf and that the Sponsor has authorized
the person who files the application to file the Form 8-R and to make the certifications and acknowledgements
contained in this Sponsor Agreement;
the Sponsor has communicated or has attempted to communicate with all of the applicant’s previous employers
and educational institutions for the past three years and has documentation on file with the names of the persons
contacted and the dates of contact or, if no contact was made, the reason therefor;
Page 33 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Sponsor Agreement (cont.)
the applicant has been hired or is employed by the Sponsor or that it is the intention of the Sponsor to hire or
otherwise employ the applicant as an AP, Forex AP or Swap AP within 30 days after receipt of notification that
the applicant has received a temporary license or has been registered;
the applicant will not be permitted to act as an AP until the applicant has received a temporary license or has
been registered as an AP, to act as a Forex AP until the applicant has been approved as a Forex AP or to act as a
Swap AP until the applicant has been approved as a Swap AP;
if the Sponsor is a new sponsor filing an application for registration of the applicant as an AP pursuant to the
provisions of NFA Registration Rule 207(a), that the Sponsor has verified that the applicant is not subject to a
disqualification from registration under Section 8a(2) of the Commodity Exchange Act, 7 U.S.C. §12(a)(2), and
that the Sponsor meets the requirements set forth in NFA Registration Rule 509(b)(5);
if the applicant is applying for a temporary license pursuant to NFA Registration Rule 301(a)(2), that the Sponsor
has reviewed the information concerning the applicant in NFA’s BASIC system and has received a copy of the
notice of the institution of any proceeding in the BASIC system that is pending and was brought against the
applicant under Sections 6(c), 6(d), 6c, 6d, 8a or 9 of the Commodity Exchange Act, 7 U.S.C. §§ 9, 13b, 13a-1,
13a-2, 12a, and 13, CFTC regulations 3.55 or 3.60 or NFA or exchange rules or that was instituted in accordance
with the procedures provided in CFTC regulation 3.51 or Part 500 of the NFA Registration Rules and, within the
prior 12 months, resulted in the Commission or NFA permitting the withdrawal of such person’s application for
registration in any capacity;
if the applicant is subject to any current NFA or Commission order imposing conditions on the registration of
the applicant, that the Sponsor meets the requirements set forth in NFA Registration Rule 509(b)(5) to sponsor
a conditioned registrant, that it has reviewed the conditions contained in any current NFA or Commission order
imposing conditions on the registration of the applicant and that the Sponsor will supervise the applicant in
accordance with the conditions contained in the order; and
the Sponsor has taken, and will take, such measures as are necessary to prevent the unwarranted dissemination
of any of the information contained in the Form 8-R and the records and documents retained in support of the
Form 8-R.
Sponsor acknowledges that:
the Sponsor is subject to the imposition of criminal penalties under Section 9(a) of the Commodity Exchange
Act, 7 U.S.C. §13(a), and 18 U.S.C. §1001 for any false statements or omissions Sponsor made in the Form 8-R;
while the individual is an AP, Forex AP or Swap AP sponsored by or a principal of the Sponsor or is responsible
for entering orders on behalf of the Floor Trader’s own account, the Sponsor is responsible for maintaining the
information in the Form 8-R in a complete, accurate and current manner by electronically filing updates to the
information contained therein;
Page 34 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Sponsor Agreement (cont.)
it is the duty and obligation of the Sponsor not to employ an individual as an AP with a statutory disqualification
under Section 8a(2) of the Commodity Exchange Act, 7 U.S.C. §§12(a)(2),to notify the Commission when any
individual associated with the Sponsor is subject to a statutory disqualification under Section 8a(2) of the Act
and to supervise any individual for whom the Sponsor files a Form 8-R, once the Sponsor employs him or her,
with a view toward preventing him or her from committing violations of the Commodity Exchange Act and the
rules, regulations and orders thereunder; and
the information contained in the Form 8-R has been supplied to the Sponsor for the sole purpose of allowing it
to verify the information contained in the Form 8-R.
Individual Agreement
The applicant, principal or Floor Trader Order Enterer verifies that:
the answers and statements in the application or Form 8-R are true, complete and accurate and that in light
of the circumstances under which the applicant, principal or Floor Trader Order Enterer has given them, the
answers and statements in the Form 8-R are not misleading in any material respect.
The applicant certifies that
if applying for a temporary license pursuant to the provisions of NFA Registration Rule 301(a)(2), that the
applicant has advised the Sponsor of and has provided the Sponsor with a copy of the notice of the institution
of any pending adjudicatory proceeding that was brought against the applicant under Sections 6(c), 6(d), 6c, 6d,
8a or 9 of the Commodity Exchange Act, 7 U.S.C. §§ 9, 13b, 13a-1, 13a-2, 12a, and 13, CFTC regulations 3.55 or
3.60 or NFA or exchange rules or any proceeding that was brought against the applicant under CFTC regulation
3.51 or Part 500 of the NFA Registration Rules and, within the prior 12 months, resulted in the Commission or
NFA permitting the withdrawal of such person’s application for registration in any capacity.
The applicant, principal or Floor Trader Order Enterer acknowledges that:
the applicant, principal or Floor Trader Order Enterer is subject to the imposition of criminal penalties under
Section 9(a) of the Commodity Exchange Act, 7 U.S.C. §13(a), and 18 U.S.C. §1001 for any false statements or
omissions made in the Form 8-R;
the applicant, principal or Floor Trader Order Enterer is responsible at all times for maintaining the information
in the Form 8-R in a complete, accurate and current manner by promptly notifying the Sponsor whenever any
of the information on the Form 8-R is no longer complete, accurate or current and authorizing the Sponsor to
electronically file updates to correct the information;
the residential address provided on the Form 8-R may be deemed to be the address for delivery to the applicant,
principal or Floor Trader Order Enterer of any written communications from the Commission and NFA,
Page 35 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Individual Agreement (cont.)
including any notice of intent to deny, revoke or otherwise affect the applicant’s registration or individual’s status
as principal; any summons, complaint, reparations claim, arbitration claim, order or subpoena; request for
information; or any other written communication unless the applicant, principal or Floor Trader Order Enterer
specifies another address for this purpose;
the applicant or principal must keep current the residential address provided on the Form 8-R while registered as
an AP or affiliated as a principal and for two years after termination of registration or affiliation; and
the applicant is not registered and may not act as an AP until a notice has been issued that registration or a TL
has been granted; if applicable, the applicant is not approved as a Forex AP and may not act as a Forex AP until
approval has been granted; and, if applicable, the applicant is not approved as a Swap AP and may not act as a
Swap AP until approval has been granted.
The applicant, principal or Floor Trader Order Enterer authorizes that:
NFA, and any contract market of which the applicant’s or principal’s Sponsor or any current or future guarantor
(under CFTC regulation 1.10(j)) of the applicant’s or principal’s Sponsor is or may become a member, may
conduct an investigation to determine the applicant’s or principal’s fitness for registration, and if applicable, for
Associate status and NFA may conduct a background investigation of the Floor Trader Order Enterer;
and requests that any person, including but not limited to contract markets, or non-U.S. regulatory or law
enforcement agencies, 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 fitness of the principal or any background investigation of the Floor Trader Order Enterer;
The applicant, principal or Floor Trader Order Enterer agrees that:
the applicant, principal or Floor Trader Order Enterer will cooperate promptly and fully, consistent with
applicable Federal law, in any investigation in connection with the applicant’s or principal’s fitness for registration
or Associate status or any background investigation of the Floor Trader Order Enterer, which may include
contacting non-U.S. 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 or principal’s
fitness for registration or Associate status or the background investigation of the Floor Trader Order Enterer;
the applicant or principal submits to the jurisdiction of any contract market, of which the applicant’s or
principal’s Sponsor or any current or future guarantor (under CFTC regulation 1.10(j)) of the applicant’s or
principal’s Sponsor is or may become a member, which has or may adopt rules which apply to the applicant
as an associated person or principal, and the applicant or principal shall abide by all such rules and to comply
with, be subject to, and abide by all requirements, rulings, orders, directives and decisions of and any penalties,
prohibitions and limitations imposed by any such contract market;
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
Page 36 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Individual Agreement (cont.)
information to NFA or any agent acting on behalf of NFA;
if the applicant is applying to obtain registration as an associated person, the applicant is also applying for
registration with NFA as an Associate if the applicant’s Sponsor is or becomes a Member of NFA; and
if the applicant is granted registration as an Associate of a Member of NFA, the applicant shall become and
remain bound by all applicable 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 that the applicant is granted
registration as an Associate.
Floor Broker/Floor Trader Agreement
The applicant certifies that:
the answers and statements in the Form 8-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 8-R are not
misleading in any material respect.
The applicant acknowledges that:
the applicant is subject to the imposition of criminal penalties under Section 9(a) of the Commodity Exchange
Act, 7 U.S.C. 13(a) and 18 U.S.C. §1001 for any false statements or omissions made in the Form 8-R;
the applicant is responsible at all times for maintaining the information in the Form 8-R in a complete, accurate
and current manner by electronically filing updates to the information contained therein;
the business address provided on the Form 8-R may be deemed to be the address for delivery to the applicant of
any written communications from the Commission and NFA, including any notice of intent to deny, revoke or
otherwise affect the applicant’s registration; any summons, complaint, reparations claim, arbitration claim, order
or subpoena; request for information; or any other written communication unless the applicant specifies another
address for this purpose;
the applicant must keep current the business address provided on the Form 8-R while registered and for two
years after termination of registration; and
the applicant is not registered and may not act as an FB or FT until a notice has been issued that registration or a
temporary license has been granted.
The applicant authorizes that:
Page 37 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
TEMPLATE: DO NOT SEND TO NFA
INDIVIDUAL APPLICATION (FORM 8-R)
COMMODITY FUTURES TRADING COMMISSION
NATIONAL FUTURES ASSOCIATION
Floor Broker/Floor Trader Agreement (cont.)
NFA may conduct an investigation to determine the applicant’s fitness for registration;
and requests that any person, including but not limited to contract markets or non-U.S. regulatory or law
enforcement agencies, 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;
The applicant agrees that:
the applicant will cooperate promptly and fully, consistent with applicable Federal law, in any investigation in
connection with the applicant’s application for registration, which investigation may include contacting non-U.S.
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;
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; and
if the applicant ever applies for and is granted registration as an Associate of a Member of NFA, the applicant
shall become and remain bound by all applicable 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 that the
applicant is granted registration as an Associate.
THE APPLICANT, PRINCIPAL OR FLOOR TRADER ORDER ENTERER ALSO AGREES TO THE
PRIVACY ACT NOTICE ABOVE, AND THE COLLECTION, PROCESSING, DISCLOSURE, AND USE OF
HIS OR HER PERSONAL INFORMATION BY NFA, THE CFTC, AND THIRD PARTIES AS STATED IN
THE NOTICE.
Agree
Page 38 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)
| File Type | application/pdf |
| File Modified | 2017-09-15 |
| File Created | 2017-09-15 |