

United States: 

NFA Proposes New Advertising and marketing Necessity For Swap Dealers 


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NFA proposed a new interpretive recognize to NFA
Compliance Rule 2-9(d) (“Supervision”) that
would call for swap dealers (“SDs”) and important swap
participant members (“SD Users”) to build a
supervisory program for the use of internet marketing components. NFA defines
“promoting substance” as a standardized doc utilised to
solicit a counterparty to enter into swap transactions with the SD
Member.
NFA stated that an “satisfactory” supervisory technique have to
include things like prepared policies and strategies for (i) examining and
approving promoting materials, (ii) training workers on
suitable marketing elements, and (iii) recordkeeping.
In addition, NFA mentioned that such application must be “made
to fairly be certain” compliance with NFA and CFTC policies
about fraudulent and deceptive procedures.
The interpretive discover will go into influence 10 days just after
submission to the CFTC, assuming there is no CFTC objection.
Commentary
A great deal of the interpretive recognize is consistent with standard
anticipations of regulated firms associated in revenue of products and solutions to
customers. Nevertheless, if the observe is adopted (and it is drafted to
become successful in 10 days until the CFTC establishes to assessment
the see for approval), then SDs should really review their guidelines and
treatments to be certain consistency with the new interpretations.
Between other matters, the interpretive detect sets forth distinct
expected treatments for “basic” (supposed for all
counterparties or teams of counterparties) audiences and all those
that are “customized to or focused on a individual group of
counterparties.”
Most important Sources
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