The United States government regulates the futures and options industry through its agency the Commodity Futures Trading Commission (CFTC). Since 1982, the CFTC has "delegated" much of the regulatory/registration activities to the National Futures Association (NFA). Membership in the NFA is mandatory for any individual or organization wishing to do business with the "public." The main objective is to assure, through self-regulation, that NFA members maintain high standards of professional conduct and financial responsibility.
An IB is an individual or organization that can provide to the customer daily value added services such as market analysis, help on tactics/strategy, of order execution or sell futures contracts or commodity options, review the accuracy of daily customer statements as well as oversight of transfer of margin moneys or excess funds. The IB cannot carry customer accounts on its books, but rather introduces customer accounts to a Futures Commodity Merchant (FCM). The FCM is the only entity allowed by law to accept money and other assets from customers to support a futures and options position.
There are two types of IBs: Independent and Guaranteed. The Independent IB is required to maintain certain specified standards of financial responsibility. Semi-annual operating statements must be filed with the CFTC and the NFA. Fiscal year, P & L statements, balance sheets, balance sheets and minimum capital must be audited and certified by an independent CPA. Guaranteed IBs have no specific financial reporting requirements. Their performance is guaranteed by a FCM. However, Guaranteed IBs must refer all of their customer busines to the guaranteeing FCM. Independent IBs have the flexibility to place business with any NFA member, FCM clearing firm. This important "freedom of choice" assures that the customer and broker can work out mutually satisfactory clearing solutions. The Windham Group, Inc has been registered with the NFA as an Independent IB since 1997.
For further information, you can visit the NFA or CFTC at their websites. |