OMB control number
Annual Report for Chief Compliance Officer of Registrants
OMB 3038-0080 · CFTC.
On April 3, 2012, the Commission adopted Regulation 3.3 (Chief Compliance Officer) under sections 4d(d) and 4s(k) of the Commodity Exchange Act (“CEA”). Commission Regulation 3.3 requires each futures commission merchant (“FCM”), swap dealer (‘‘SD’’), and major swap participant (“MSP”) to designate, by filing a Form 8–R, a chief compliance officer (“CCO”) who is responsible for: (1) developing and administering each registrant’s policies and procedures that fulfill certainrelating to its business as a duties of the SD, MSP, or FCM and that are reasonably designed to ensure the registrant’s compliance withrequired to be established pursuant to the CEA and Commission regulations; (2) taking reasonable steps to resolve material conflicts of interest relating to the registrant’s business as a SD, MSP, or FCM; (3) taking reasonable steps to ensure compliance with the CEA and Commission regulations relating to the registrant’s business as a SD, MSP, or FCM; (4) taking reasonable steps to ensure the registrant establishes, maintains, and reviews written policies and procedures reasonably designed to remediate establishing procedures for the remediation of noncompliance issues identified by the chief compliance officerCCO; (5) taking reasonable steps to ensure the registrant establishing establishes procedures for the handling, management response, remediation, retesting, and closing of noncompliance issues; (6) preparing, signing, certifying, furnishing to the board of directors, senior officers, and (if applicable) audit committee, and filing with the Commission an annual compliance report that contains the information specified in the regulations Commission regulation 3.3(e; ). Commission regulation 3.3 also requires that SDs, MSPs, and FCMs: (1) amending the annual report if material errors or omissions are identified; and (2) request that the Commission grant an extension of time to furnish the annual report, if failure to timely furnish could not be eliminated without unreasonable effort or expense; and (3) maintaining records of the registrant’s compliance policies and procedures and records related to the annual report. The information collection obligations imposed by Commission Regulation 3.3 are essential to ensuring that FCMs, SDs, and MSPs maintain comprehensive policies and procedures that promote compliance with the CEA and Commission regulations. In particular, the Commission believes that, among other things, these obligations (i) promote compliance behavior through periodic self-evaluation, (ii) inform the Commission of possible compliance weaknesses, (iii) assist the Commission in determining whether the registrant remains in compliance with the CEA and Commission regulations, and (iv) help the Commission to assess whether the registrant has mechanisms in place to adequately address compliance problems that could lead to a failure of the registrant.
The latest form for Annual Report for Chief Compliance Officer of Registrants expires 2028-08-31 and can be found here.
Document Name |
|---|
Form and Instruction |
Form and Instruction |
Supporting Statement A |
| Extension without change of a currently approved collection | 2025-06-26 | ||
|
Approved without change |
Revision of a currently approved collection | 2022-07-01 | |
|
Approved without change |
Revision of a currently approved collection | 2019-06-20 | |
|
Approved without change |
Revision of a currently approved collection | 2016-01-21 | |
|
Approved without change |
Existing collection in use without an OMB Control Number | 2012-07-31 | |
|
Comment filed on proposed rule |
New collection (Request for a new OMB Control Number) | 2011-02-10 |