---
kind: "section"
citation: "7 U.S.C. § 21"
title: "7"
title_heading: "Agriculture"
number: "21"
heading: "Registered futures associations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/21"
units:
  - "Chapter 1 — Commodity Exchanges"
---

# §21. Registered futures associations

- (a) **Registration statement—** Any association of [persons](/usc/7/1a.md?p=38) may be registered with the [Commission](/usc/7/1a.md?p=8) as a registered futures association pursuant to [subsection (b)](#b) of this section, under the terms and conditions hereinafter provided in this section, by filing with the [Commission](/usc/7/1a.md?p=8) for review and approval a registration statement in such form as the [Commission](/usc/7/1a.md?p=8) may prescribe, setting forth the information, and accompanied by the documents, below specified:
  - (1) Data as to its organization, membership, and rules of procedure, and such other information as the [Commission](/usc/7/1a.md?p=8) may by rules and regulations require as necessary or appropriate in the public interest; and
  - (2) Copies of its constitution, charter, or articles of incorporation or association, with all amendments thereto, and of its bylaws, and of any rules or instruments corresponding to the foregoing, whatever the name, hereinafter in this section collectively referred to as the “rules of the association”.
- (b) **Standards for registration; Commission findings—** An applicant association shall not be registered as a futures association unless the [Commission](/usc/7/1a.md?p=8) finds, under standards established by the [Commission](/usc/7/1a.md?p=8), that—
  - (1) such association is in the public interest and that it will be able to comply with the provisions of this section and the rules and regulations thereunder and to carry out the purposes of this section;
  - (2) the rules of the association provide that any [person](/usc/7/1a.md?p=38) registered under this chapter, [registered entity](/usc/7/1a.md?p=40), or any other [person](/usc/7/1a.md?p=38) designated pursuant to the rules of the [Commission](/usc/7/1a.md?p=8) as eligible for membership may become a [member](/usc/7/1a.md?p=34) of such association, except such as are excluded pursuant to paragraph (3) or (4) of this subsection, or a rule of the association permitted under this subparagraph. The rules of the association may restrict membership in such association on such specified basis relating to the type of business done by its [members](/usc/7/1a.md?p=34), or on such other specified and appropriate basis, as appears to the [Commission](/usc/7/1a.md?p=8) to be necessary or appropriate in the public interest and to carryout the purpose of this section. Rules adopted by the association may provide that the association may, unless the [Commission](/usc/7/1a.md?p=8) directs otherwise in cases in which the [Commission](/usc/7/1a.md?p=8) finds it appropriate in the public interest so to direct, deny admission to, or refuse to continue in such association any [person](/usc/7/1a.md?p=38) if (i) such [person](/usc/7/1a.md?p=38), whether prior or subsequent to becoming registered as such, or (ii) any [person](/usc/7/1a.md?p=38) associated within the meaning of “associated [person](/usc/7/1a.md?p=38)” as set forth in [section 6k of this title](/usc/7/6k.md), whether prior or subsequent to becoming so associated, has been and is suspended or expelled from a [registered entity](/usc/7/1a.md?p=40) or has been and is barred or suspended from being associated with all [members](/usc/7/1a.md?p=34) of such [registered entity](/usc/7/1a.md?p=40), for violation of any rule of such [registered entity](/usc/7/1a.md?p=40);
  - (3) the rules of the association provide that, except with the approval or at the direction of the [Commission](/usc/7/1a.md?p=8) in cases in which the [Commission](/usc/7/1a.md?p=8) finds it appropriate in the public interest so to approve or direct, no [person](/usc/7/1a.md?p=38) shall be admitted to or continued in membership in such association, if such [person](/usc/7/1a.md?p=38)—
    - (A) has been and is suspended or expelled from a registered futures association or from a [registered entity](/usc/7/1a.md?p=40) or has been and is barred or suspended from being associated with all [members](/usc/7/1a.md?p=34) of such association or from being associated with all [members](/usc/7/1a.md?p=34) of such [registered entity](/usc/7/1a.md?p=40), for violation of any rule of such association or [registered entity](/usc/7/1a.md?p=40) which prohibits any act or transaction constituting conduct inconsistent with just and equitable principles of trade, or requires any act the omission of which constitutes conduct inconsistent with just and equitable principles of trade;
    - (B) is subject to an order of the [Commission](/usc/7/1a.md?p=8) denying, suspending, or revoking his registration pursuant to [section 9 of this title](/usc/7/9.md), or expelling or suspending him from membership in a registered futures association or a [registered entity](/usc/7/1a.md?p=40), or barring or suspending him from being associated with a [futures commission merchant](/usc/7/1a.md?p=28-A);
    - (C) whether prior or subsequent to becoming a [member](/usc/7/1a.md?p=34), by his conduct while associated with a [member](/usc/7/1a.md?p=34), was a cause of any suspension, expulsion, or order of the character described in clause (A) or (B) which is in effect with respect to such [member](/usc/7/1a.md?p=34), and in entering such a suspension, expulsion, or order, the [Commission](/usc/7/1a.md?p=8) or any such [registered entity](/usc/7/1a.md?p=40) or association shall have jurisdiction to determine whether or not any [person](/usc/7/1a.md?p=38) was a cause thereof; or
    - (D) has associated with him any [person](/usc/7/1a.md?p=38) who is known, or in the exercise of reasonable care should be known, to him to be a [person](/usc/7/1a.md?p=38) who would be ineligible for admission to or continuance in membership under clause (A), (B), or (C) of this paragraph;
  - (4) the rules of the association provide that, except with the approval or at the direction of the [Commission](/usc/7/1a.md?p=8) in cases in which the [Commission](/usc/7/1a.md?p=8) finds it appropriate in the public interest so to approve or direct, no [person](/usc/7/1a.md?p=38) shall become a [member](/usc/7/1a.md?p=34) and no natural [person](/usc/7/1a.md?p=38) shall become a [person](/usc/7/1a.md?p=38) associated with a [member](/usc/7/1a.md?p=34), unless such [person](/usc/7/1a.md?p=38) is qualified to become a [member](/usc/7/1a.md?p=34) or a [person](/usc/7/1a.md?p=38) associated with a [member](/usc/7/1a.md?p=34) in conformity with specified and appropriate standards with respect to the training, experience, and such other qualifications of such [person](/usc/7/1a.md?p=38) as the association finds necessary or desirable, and in the case of a [member](/usc/7/1a.md?p=34), the financial responsibility of such a [member](/usc/7/1a.md?p=34). For the purpose of defining such standards and the application thereof, such rules may—
    - (A) appropriately classify prospective [members](/usc/7/1a.md?p=34) (taking into account relevant matters, including type or nature of business done) and [persons](/usc/7/1a.md?p=38) proposed to be associated with [members](/usc/7/1a.md?p=34);
    - (B) specify that all or any portion of such standard shall be applicable to any such class;
    - (C) require [persons](/usc/7/1a.md?p=38) in any such class to pass examinations prescribed in accordance with such rules;
    - (D) provide that [persons](/usc/7/1a.md?p=38) in any such class other than prospective [members](/usc/7/1a.md?p=34) and partners, officers and supervisory employees (which latter term may be defined by such rules and as so defined shall include branch managers of [members](/usc/7/1a.md?p=34)) of [members](/usc/7/1a.md?p=34), may be qualified solely on the basis of compliance with specified standards of training and such other qualifications as the association finds appropriate;
    - (E) provide that applications to become a [member](/usc/7/1a.md?p=34) or a [person](/usc/7/1a.md?p=38) associated with a [member](/usc/7/1a.md?p=34) shall set forth such facts as the association may prescribe as to the training, experience, and other qualifications (including, in the case of an applicant for membership, financial responsibility) of the applicant and that the association shall adopt procedures for verification of qualifications of the applicant, which may require the applicant to be fingerprinted and to submit, or cause to be submitted, such fingerprints to the Attorney General for identification and appropriate processing. Notwithstanding any other provision of law, such an association may receive from the Attorney General all the results of such identification and processing; and
    - (F) require any class of [persons](/usc/7/1a.md?p=38) associated with a [member](/usc/7/1a.md?p=34) to be registered with the association in accordance with procedures specified by such rules (and any application or document supplemental thereto required by such rules of a [person](/usc/7/1a.md?p=38) seeking to be registered with such association shall, for the purposes of [section 9 of this title](/usc/7/9.md), be deemed an application required to be filed under this section);
  - (5) the rules of the association assure a fair representation of its [members](/usc/7/1a.md?p=34) in the adoption of any rule of the association or amendment thereto, the selection of its officers and directors, and in all other phases of the administration of its affairs;
  - (6) the rules of the association provide for the equitable allocation of dues among its [members](/usc/7/1a.md?p=34), to defray reasonable expenses of administration;
  - (7) the rules of the association are designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, in general, to protect the public interest, and to remove impediments to and perfect the mechanism of free and open futures trading;
  - (8) the rules of the association provide that its [members](/usc/7/1a.md?p=34) and [persons](/usc/7/1a.md?p=38) associated with its [members](/usc/7/1a.md?p=34) shall be appropriately disciplined, by expulsion, suspension, fine, censure, or being suspended or barred from being associated with all [members](/usc/7/1a.md?p=34), or any other fitting penalty, for any violation of its rules;
  - (9) the rules of the association provide a fair and orderly procedure with respect to the disciplining of [members](/usc/7/1a.md?p=34) and [persons](/usc/7/1a.md?p=38) associated with [members](/usc/7/1a.md?p=34) and the denial of membership to any [person](/usc/7/1a.md?p=38) seeking membership therein or the barring of any [person](/usc/7/1a.md?p=38) from being associated with a [member](/usc/7/1a.md?p=34). In any proceeding to determine whether any [member](/usc/7/1a.md?p=34) or other [person](/usc/7/1a.md?p=38) shall be disciplined, such rules shall require that specific charges be brought; that such [member](/usc/7/1a.md?p=34) or [person](/usc/7/1a.md?p=38) shall be notified of, and be given an opportunity to defend against, such charges; that a record shall be kept; and that the determination shall include—
    - (A) a statement setting forth any act or practice in which such [member](/usc/7/1a.md?p=34) or other [person](/usc/7/1a.md?p=38) may be found to have engaged, or which such [member](/usc/7/1a.md?p=34) or other [person](/usc/7/1a.md?p=38) may be found to have omitted;
    - (B) a statement setting forth the specific rule or rules of the association of which any such act or practice, or omission to act, is deemed to be in violation;
    - (C) a statement whether the acts or practices prohibited by such rule or rules, or the omission of any act required thereby, are deemed to constitute conduct inconsistent with just and equitable principles of trade; and
    - (D) a statement setting forth the penalty imposed;[^1]

    In any proceeding to determine whether a [person](/usc/7/1a.md?p=38) shall be denied membership or whether any [person](/usc/7/1a.md?p=38) shall be barred from being associated with a [member](/usc/7/1a.md?p=34), such rules shall provide that the [person](/usc/7/1a.md?p=38) shall be notified of, and be given an opportunity to be heard upon, the specific grounds for denial or bar which are under consideration; that a record shall be kept; and that the determination shall set forth the specific grounds upon which the denial or bar is based;

  - (10) the rules of the association provide a fair, equitable, and expeditious procedure through arbitration or otherwise for the settlement of [customers](/usc/7/24.md?p=b)’ claims and grievances against any [member](/usc/7/1a.md?p=34) or employee thereof: Provided, That (A) the use of such procedure by a [customer](/usc/7/24.md?p=b) shall be voluntary, (B) the term “[customer](/usc/7/24.md?p=b)” as used in this paragraph shall not include another [member](/usc/7/1a.md?p=34) of the association, and (C) in the case of a claim arising from a violation in the execution of an order on the floor of a [registered entity](/usc/7/1a.md?p=40), such procedure shall provide, to the extent appropriate—
    - (i) for payment of actual damages proximately caused by such violation. If an award of actual damages is made against a [floor broker](/usc/7/1a.md?p=22-A) in connection with the execution of a [customer](/usc/7/24.md?p=b) order, and the [futures commission merchant](/usc/7/1a.md?p=28-A) which selected the [floor broker](/usc/7/1a.md?p=22-A) for the execution of the [customer](/usc/7/24.md?p=b) order is held to be responsible under [section 2(a)(1) of this title](/usc/7/2.md?p=a-1) for the [floor broker](/usc/7/1a.md?p=22-A)’s violation, such [futures commission merchant](/usc/7/1a.md?p=28-A) may be required to satisfy such award; and
    - (ii) where the violation is willful and intentional, for payment to the [customer](/usc/7/24.md?p=b) of punitive or exemplary damages, in addition to losses proximately caused by the violation, in an amount equal to no more than two times the amount of such losses. If punitive or exemplary damages are awarded against a [floor broker](/usc/7/1a.md?p=22-A) in connection with the execution of a [customer](/usc/7/24.md?p=b) order, and the [futures commission merchant](/usc/7/1a.md?p=28-A) which selected the [floor broker](/usc/7/1a.md?p=22-A) for the execution of such order is held to be responsible under [section 2(a)(1) of this title](/usc/7/2.md?p=a-1) for the [floor broker](/usc/7/1a.md?p=22-A)’s violation, such [futures commission merchant](/usc/7/1a.md?p=28-A) may be required to satisfy the award of punitive or exemplary damages if the [floor broker](/usc/7/1a.md?p=22-A) fails to do so, except that such requirement shall apply to the [futures commission merchant](/usc/7/1a.md?p=28-A) only if it willfully and intentionally selected the [floor broker](/usc/7/1a.md?p=22-A) with the intent to assist or facilitate the [floor broker](/usc/7/1a.md?p=22-A)’s violation; and[^2]
  - (11) such association provides for meaningful representation on the governing [board](/usc/7/1a.md?p=5) of such association of a diversity of membership interests and provides that no less than 20 percent of the regular voting [members](/usc/7/1a.md?p=34) of such [board](/usc/7/1a.md?p=5) be comprised of qualified nonmembers of or [persons](/usc/7/1a.md?p=38) who are not regulated by such association.[^3]
  - (12)
    - (A) [^4] such association provides on all major disciplinary committees for a diversity of membership sufficient to ensure fairness and to prevent special treatment or preference for any [person](/usc/7/1a.md?p=38) in the conduct of disciplinary proceedings and the assessment of penalties.[^5]
  - (13) A[^6] major disciplinary committee hearing a disciplinary matter shall include—
    - (A) qualified [persons](/usc/7/1a.md?p=38) representing segments of the association membership other than that of the subject of the proceeding; and
    - (B) where appropriate to carry out the purposes of this paragraph, qualified [persons](/usc/7/1a.md?p=38) who are not [members](/usc/7/1a.md?p=34) of the association.
- (c) **Suspension of registration—** The [Commission](/usc/7/1a.md?p=8) may, after notice and opportunity for hearing, suspend the registration of any futures association if it finds that the rules thereof do not conform to the requirements of the [Commission](/usc/7/1a.md?p=8), and any such suspension shall remain in effect until the [Commission](/usc/7/1a.md?p=8) issues an order determining that such rules have been modified to conform with such requirements.
- (d) **Fees and charges—** In addition to the fees and charges authorized by [section 12a(1) of this title](/usc/7/12a.md?p=1), each [person](/usc/7/1a.md?p=38) registered under this chapter, who is not a [member](/usc/7/1a.md?p=34) of a futures association registered pursuant to this section, shall pay to the [Commission](/usc/7/1a.md?p=8) such reasonable fees and charges as may be necessary to defray the costs of additional regulatory duties required to be performed by the [Commission](/usc/7/1a.md?p=8) because such [person](/usc/7/1a.md?p=38) is not a [member](/usc/7/1a.md?p=34) of a registered futures association. The [Commission](/usc/7/1a.md?p=8) shall establish such additional fees and charges by rules and regulations.
- (e) **Registered persons not members of registered associations—** Any [person](/usc/7/1a.md?p=38) registered under this chapter, who is not a [member](/usc/7/1a.md?p=34) of a futures association registered pursuant to this section, in addition to the other requirements and obligations of this chapter and the regulations thereunder shall be subject to such other rules and regulations as the [Commission](/usc/7/1a.md?p=8) may find necessary to protect the public interest and promote just and equitable principles of trade.
- (f) **Denial of registration—** Upon filing of an application for registration pursuant to [subsection (a)](#a), the [Commission](/usc/7/1a.md?p=8) may by order grant such registration if the requirements of this section are satisfied. If, after appropriate notice and opportunity for hearing, it appears to the [Commission](/usc/7/1a.md?p=8) that any requirement of this section is not satisfied, the [Commission](/usc/7/1a.md?p=8) shall by order deny such registration.
- (g) **Withdrawal from registration; notice of with­drawal—** A registered futures association may, upon such reasonable notice as the [Commission](/usc/7/1a.md?p=8) may deem necessary in the public interest, withdraw from registration by filing with the [Commission](/usc/7/1a.md?p=8) a written notice of withdrawal in such form as the [Commission](/usc/7/1a.md?p=8) may by rules and regulations prescribe.
- (h) **Commission review of disciplinary actions taken by registered futures associations—**
  - (1) If any registered futures association takes any final disciplinary action against a [member](/usc/7/1a.md?p=34) of the association or a [person](/usc/7/1a.md?p=38) associated with a [member](/usc/7/1a.md?p=34), denies admission to any [person](/usc/7/1a.md?p=38) seeking membership therein, or bars any [person](/usc/7/1a.md?p=38) from being associated with a [member](/usc/7/1a.md?p=34), the association promptly shall give notice thereof to such [member](/usc/7/1a.md?p=34) or [person](/usc/7/1a.md?p=38) and file notice thereof with the [Commission](/usc/7/1a.md?p=8). The notice shall be in such form and contain such information as the [Commission](/usc/7/1a.md?p=8), by rule or regulation, may prescribe as necessary or appropriate to carry out the purposes of this chapter.
  - (2) Any action with respect to which a registered futures association is required by [paragraph (1)](#h-1) to file notice shall be subject to review by the [Commission](/usc/7/1a.md?p=8) on its motion, or on application by any [person](/usc/7/1a.md?p=38) aggrieved by the action. Such application shall be filed within 30 days after the date such notice is filed with the [Commission](/usc/7/1a.md?p=8) and received by the aggrieved [person](/usc/7/1a.md?p=38), or within such longer period as the [Commission](/usc/7/1a.md?p=8) may determine.
  - (3)
    - (A) Application to the [Commission](/usc/7/1a.md?p=8) for review, or the institution of review by the [Commission](/usc/7/1a.md?p=8) on its own motion, shall not operate as a stay of such action unless the [Commission](/usc/7/1a.md?p=8) otherwise orders, summarily or after notice and opportunity for hearing on the question of a stay (which hearing may consist solely of the submission of affidavits or presentation of oral arguments).
    - (B) The [Commission](/usc/7/1a.md?p=8) shall establish procedures for expedited consideration and determination of the question of a stay.
- (i) **Notice; hearing; findings; cancellation, reduction, or remission of penalties; review by court of appeals—**
  - (1) In a proceeding to review a final disciplinary action taken by a registered futures association against a [member](/usc/7/1a.md?p=34) thereof or a [person](/usc/7/1a.md?p=38) associated with a [member](/usc/7/1a.md?p=34), after appropriate notice and opportunity for a hearing (which hearing may consist solely of consideration of the record before the association and opportunity for the presentation of supporting reasons to affirm, modify, or set aside the sanction imposed by the association)—
    - (A) if the [Commission](/usc/7/1a.md?p=8) finds that—
      - (i) the [member](/usc/7/1a.md?p=34) or [person](/usc/7/1a.md?p=38) associated with a [member](/usc/7/1a.md?p=34) has engaged in the acts or practices, or has omitted the acts, that the association has found the [member](/usc/7/1a.md?p=34) or [person](/usc/7/1a.md?p=38) to have engaged in or omitted;
      - (ii) the acts or practices, or omissions to act, are in violation of the rules of the association specified in the determination of the association; and
      - (iii) such rules are, and were applied in a manner, consistent with the purposes of this chapter,

      the [Commission](/usc/7/1a.md?p=8), by order, shall so declare and, as appropriate, affirm the sanction imposed by the association, modify the sanction in accordance with [paragraph (2)](#i-2), or remand the case to the association for further proceedings; or

    - (B) if the [Commission](/usc/7/1a.md?p=8) does not make any such finding, the [Commission](/usc/7/1a.md?p=8), by order, shall set aside the sanction imposed by the association and, if appropriate, remand the case to the association for further proceedings.
  - (2) If, after a proceeding under [paragraph (1)](#i-1), the [Commission](/usc/7/1a.md?p=8) finds that any penalty imposed on a [member](/usc/7/1a.md?p=34) or [person](/usc/7/1a.md?p=38) associated with a [member](/usc/7/1a.md?p=34) is excessive or oppressive, having due regard for the public interest, the [Commission](/usc/7/1a.md?p=8), by order, shall cancel, reduce, or require the remission of the penalty.
  - (3) In a proceeding to review the denial of membership in a registered futures association or the barring of any [person](/usc/7/1a.md?p=38) from being associated with a [member](/usc/7/1a.md?p=34), after appropriate notice and opportunity for a hearing (which hearing may consist solely of consideration of the record before the association and opportunity for the presentation of supporting reasons to affirm, modify, or set aside the action of the association)—
    - (A) if the [Commission](/usc/7/1a.md?p=8) finds that—
      - (i) the specific grounds on which the denial or bar is based exist in fact;
      - (ii) the denial or bar is in accordance with the rules of the association; and
      - (iii) such rules are, and were applied in a manner, consistent with the purposes of this chapter,

      the [Commission](/usc/7/1a.md?p=8), by order, shall so declare and, as appropriate, affirm or modify the action of the association, or remand the case to the association for further proceedings; or

    - (B) if the [Commission](/usc/7/1a.md?p=8) does not make any such finding, the [Commission](/usc/7/1a.md?p=8), by order, shall set aside the action of the association and require the association to admit the applicant to membership or permit the [person](/usc/7/1a.md?p=38) to be associated with a [member](/usc/7/1a.md?p=34), or, as appropriate, remand the case to the association for further proceedings.
  - (4) Any [person](/usc/7/1a.md?p=38) aggrieved by a final order of the [Commission](/usc/7/1a.md?p=8) entered under this subsection may file a petition for review with a United States court of appeals in the same manner as provided in [section 9 of this title](/usc/7/9.md).
- (j) **Changes or additions to association rules—** Every registered futures association shall file with the [Commission](/usc/7/1a.md?p=8) in accordance with such rules and regulations as the [Commission](/usc/7/1a.md?p=8) may prescribe as necessary or appropriate in the public interest, copies of any changes in or additions to the rules of the association, and such other information and documents as the [Commission](/usc/7/1a.md?p=8) may require to keep current or to supplement the registration statement and documents filed pursuant to [subsection (a)](#a) of this section. A registered futures association shall submit to the [Commission](/usc/7/1a.md?p=8) any change in or addition to its rules and may make such rules effective ten days after receipt of such submission by the [Commission](/usc/7/1a.md?p=8) unless, within the ten-day period, the registered futures association requests review and approval thereof by the [Commission](/usc/7/1a.md?p=8) or the [Commission](/usc/7/1a.md?p=8) notifies such registered futures association in writing of its determination to review such rules for approval. The [Commission](/usc/7/1a.md?p=8) shall approve such rules if such rules are determined by the [Commission](/usc/7/1a.md?p=8) to be consistent with the requirements of this section and not otherwise in violation of this chapter or the regulations issued pursuant to this chapter, and the [Commission](/usc/7/1a.md?p=8) shall disapprove, after appropriate notice and opportunity for hearing, any such rule which the [Commission](/usc/7/1a.md?p=8) determines at any time to be inconsistent with the requirements of this section or in violation of this chapter or the regulations issued pursuant to this chapter. If the [Commission](/usc/7/1a.md?p=8) does not approve or institute disapproval proceedings with respect to any rule within one hundred and eighty days after receipt or within such longer period of time as the registered futures association may agree to, or if the [Commission](/usc/7/1a.md?p=8) does not conclude a disapproval proceeding with respect to any rule within one year after receipt or within such longer period as the registered futures association may agree to, such rule may be made effective by the registered futures association until such time as the [Commission](/usc/7/1a.md?p=8) disapproves such rule in accordance with this subsection.
- (k) **Abrogation of association rules; requests to associations by Commission to alter or supplement rules—**
  - (1) The [Commission](/usc/7/1a.md?p=8) is authorized by order to abrogate any rule of a registered futures association, if after appropriate notice and opportunity for hearing, it appears to the [Commission](/usc/7/1a.md?p=8) that such abrogation is necessary or appropriate to assure fair dealing by the [members](/usc/7/1a.md?p=34) of such association, to assure a fair representation of its [members](/usc/7/1a.md?p=34) in the administration of its affairs or effectuate the purposes of this section.
  - (2) The [Commission](/usc/7/1a.md?p=8) may in writing request any registered futures association to adopt any specified alteration or supplement to its rules with respect to any of the matters hereinafter enumerated. If such association fails to adopt such alteration or supplement within a reasonable time, the [Commission](/usc/7/1a.md?p=8) is authorized by order to alter or supplement the rules of such association in the manner theretofore requested, or with such modifications of such alteration or supplement as it deems necessary if, after appropriate notice and opportunity for hearing, it appears to the [Commission](/usc/7/1a.md?p=8) that such alteration or supplement is necessary or appropriate in the public interest or to effectuate the purposes of this section, with respect to—
    - (A) the basis for, and procedure in connection with, the denial of membership or the barring from being associated with a [member](/usc/7/1a.md?p=34) or the disciplining of [members](/usc/7/1a.md?p=34) or [persons](/usc/7/1a.md?p=38) associated with [members](/usc/7/1a.md?p=34), or the qualifications required for [members](/usc/7/1a.md?p=34) or natural [persons](/usc/7/1a.md?p=38) associated with [members](/usc/7/1a.md?p=34) or any class thereof;
    - (B) the method for adoption of any change in or addition to the rules of the association;
    - (C) the method of choosing officers and directors.
- (l) **Suspension and revocation of registration; expulsion of members; removal of association officers or directors—** The [Commission](/usc/7/1a.md?p=8) is authorized, if such action appears to it to be necessary or appropriate in the public interest or to carry out the purposes of this section—
  - (1) after appropriate notice and opportunity for hearing, by order to suspend for a period not exceeding twelve months or to revoke the registration of a registered futures association, if the [Commission](/usc/7/1a.md?p=8) finds that such association has violated any provisions of this chapter or any rule or regulation thereunder, or has failed to enforce compliance with its own rules, or has engaged in any other activity tending to defeat the purposes of this chapter;
  - (2) after appropriate notice and opportunity for hearing, by order to suspend for a period not exceeding twelve months or to expel from a registered futures association any [member](/usc/7/1a.md?p=34) thereof, or to suspend for a period not exceeding twelve months or to bar any [person](/usc/7/1a.md?p=38) from being associated with a [member](/usc/7/1a.md?p=34) thereof, if the [Commission](/usc/7/1a.md?p=8) finds that such [member](/usc/7/1a.md?p=34) or [person](/usc/7/1a.md?p=38)—
    - (A) has violated any provision of this chapter or any rule or regulation thereunder, or has effected any transaction for any other [person](/usc/7/1a.md?p=38) who, he had reason to believe, was violating with respect to such transaction any provision of this chapter or any rule or regulation thereunder; or
    - (B) has willfully violated any provision of this chapter, or of any rule, regulation, or order thereunder, or has effected any transaction for any other [person](/usc/7/1a.md?p=38) who, he had reason to believe, was willfully violating with respect to such transaction any provision of this chapter or rule, regulation, or order; and
  - (3) after appropriate notice and opportunity for hearing, by order to remove from office any officer or director of a registered futures association who, the [Commission](/usc/7/1a.md?p=8) finds, has willfully failed to enforce the rules of the association, or has willfully abused his authority.
- (m) **Rules requiring membership in associations—** Notwithstanding any other provision of law, the [Commission](/usc/7/1a.md?p=8) may approve rules of futures associations that, directly or indirectly, require [persons](/usc/7/1a.md?p=38) eligible for membership in such associations to become [members](/usc/7/1a.md?p=34) of at least one such association, upon a determination by the [Commission](/usc/7/1a.md?p=8) that such rules are necessary or appropriate to achieve the purposes and objectives of this chapter.
- (n) **Reports to Congress—** The [Commission](/usc/7/1a.md?p=8) shall include in its annual reports to Congress information concerning any futures associations registered pursuant to this section and the effectiveness of such associations in regulating the practices of the [members](/usc/7/1a.md?p=34).
- (o) **Delegation to futures associations of registrative functions; discretionary review by Commission; judicial appeal—**
  - (1) The [Commission](/usc/7/1a.md?p=8) may require any futures association registered pursuant to this section to perform any portion of the registration functions under this chapter with respect to each [member](/usc/7/1a.md?p=34) of the association other than a [registered entity](/usc/7/1a.md?p=40) and with respect to each associated [person](/usc/7/1a.md?p=38) of such [member](/usc/7/1a.md?p=34), in accordance with rules, notwithstanding any other provision of law, adopted by such futures association and submitted to the [Commission](/usc/7/1a.md?p=8) pursuant to [subsection (j)](#j), and subject to the provisions of this chapter applicable to registrations granted by the [Commission](/usc/7/1a.md?p=8).
  - (2) In performing any [Commission](/usc/7/1a.md?p=8) registration function authorized by the [Commission](/usc/7/1a.md?p=8) under [section 12a(10) of this title](/usc/7/12a.md?p=10), this section, or any other applicable provisions of this chapter, a futures association may issue orders (A) to refuse to register any [person](/usc/7/1a.md?p=38), (B) to register conditionally any [person](/usc/7/1a.md?p=38), (C) to suspend the registration of any [person](/usc/7/1a.md?p=38), (D) to place restrictions on the registration of any [person](/usc/7/1a.md?p=38), or (E) to revoke the registration of any [person](/usc/7/1a.md?p=38). If such an order is the final decision of the futures association, any [person](/usc/7/1a.md?p=38) against whom the order has been issued may petition the [Commission](/usc/7/1a.md?p=8) to review the decision. The [Commission](/usc/7/1a.md?p=8) may on its own initiative or upon petition decline review or grant review and affirm, set aside, or modify such an order of the futures association; and the findings of the futures association as to the facts, if supported by the weight of the evidence, shall be conclusive. Unless the [Commission](/usc/7/1a.md?p=8) grants review under this section of an order concerning registration issued by a futures association, the order of the futures association shall be considered to be an order issued by the [Commission](/usc/7/1a.md?p=8).
  - (3) Nothing in this section shall affect the [Commission](/usc/7/1a.md?p=8)’s authority to review the granting of a registration application by a registered futures association that is performing any [Commission](/usc/7/1a.md?p=8) registration function authorized by the [Commission](/usc/7/1a.md?p=8) under [section 12a(10) of this title](/usc/7/12a.md?p=10), this section, or any other applicable provision of this chapter.
  - (4) If a [person](/usc/7/1a.md?p=38) against whom a futures association has issued a registration order under this subsection petitions the [Commission](/usc/7/1a.md?p=8) to review that order and the [Commission](/usc/7/1a.md?p=8) declines to take review, such [person](/usc/7/1a.md?p=38) may file a petition for review with a United States court of appeals, in accordance with [section 9 of this title](/usc/7/9.md).
- (p) **Establishment of rules for futures associations; approval by Commission—** Notwithstanding any other provision of this section, each futures association registered under this section on January 11, 1983, shall adopt and submit for [Commission](/usc/7/1a.md?p=8) approval not later than ninety days after such date, and each futures association that applies for registration after such date shall adopt and include with its application for registration, rules of the association that require the association to—
  - (1) establish training standards and proficiency testing for [persons](/usc/7/1a.md?p=38) involved in the solicitation of transactions subject to the provisions of this chapter, supervisors of such [persons](/usc/7/1a.md?p=38), and all [persons](/usc/7/1a.md?p=38) for which it has registration responsibilities, and a program to audit and enforce compliance with such standards;
  - (2) establish minimum capital, segregation, and other financial requirements applicable to its [members](/usc/7/1a.md?p=34) for which such requirements are imposed by the [Commission](/usc/7/1a.md?p=8) and implement a program to audit and enforce compliance with such requirements, except that such requirements may not be less stringent than those imposed on such firms by this chapter or by [Commission](/usc/7/1a.md?p=8) regulation;
  - (3) establish minimum standards governing the sales practices of its [members](/usc/7/1a.md?p=34) and [persons](/usc/7/1a.md?p=38) associated therewith for transactions subject to the provisions of this chapter; and
  - (4) establish special supervisory guidelines to protect the public interest relating to the solicitation by telephone of new futures or [options](/usc/7/1a.md?p=36) accounts and make such guidelines applicable to those [members](/usc/7/1a.md?p=34) determined to require such guidelines in accordance with standards established by the [Commission](/usc/7/1a.md?p=8) consistent with this chapter. Such guidelines may include a requirement that, with respect to a [customer](/usc/7/24.md?p=b) with no previous futures or [commodity](/usc/7/1a.md?p=9) [options](/usc/7/1a.md?p=36) trading experience, the [member](/usc/7/1a.md?p=34) may not enter an order for the account of such [customer](/usc/7/24.md?p=b) for a period of three days following opening of the account and receipt of a signed acknowledgment by the [customer](/usc/7/24.md?p=b) of receipt of a risk disclosure statement.
- (q) **7 Major disciplinary rule violations—**
  - (1) The [Commission](/usc/7/1a.md?p=8) shall issue regulations requiring each registered futures association to establish and make available to the public a schedule of major violations of any rule within the disciplinary jurisdiction of such registered futures association.
  - (2) The regulations issued by the [Commission](/usc/7/1a.md?p=8) pursuant to this subsection shall prohibit, for a period of time to be determined by the [Commission](/usc/7/1a.md?p=8), any [member](/usc/7/1a.md?p=34) of a registered futures association who is found to have committed any major violation from service on the governing [board](/usc/7/1a.md?p=5) of any registered futures association or [registered entity](/usc/7/1a.md?p=40), or on any disciplinary committee thereof.
- (q) **7 Program for implementation of rules—** Each futures association registered under this section shall develop a comprehensive program that fully implements the rules approved by the [Commission](/usc/7/1a.md?p=8) under this section as soon as practicable but not later than September 30, 1985, in the case of any futures association registered on January 11, 1983, and not later than two and one-half years after the date of registration in the case of any other futures association registered under this section.
- (r) **Rules to avoid duplicative regulation of dual registrants—** Consistent with this chapter, each futures association registered under this section shall issue such rules as are necessary to avoid duplicative or conflicting rules applicable to any [futures commission merchant](/usc/7/1a.md?p=28-A) registered with the [Commission](/usc/7/1a.md?p=8) pursuant to [section 6f(a) of this title](/usc/7/6f.md?p=a) (except [paragraph (2)](#r-2) thereof), that is also registered with the [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8) pursuant to [section 78o(b)](/usc/15/78o.md?p=b) of title 15 (except paragraph (11) thereof), with respect to the application of—
  - (1) rules of such futures association of the type specified in [section 6d(e) of this title](/usc/7/6d.md?p=e) involving [security futures products](/usc/7/1a.md?p=45); and
  - (2) similar rules of national [securities](/usc/7/1a.md?p=41) associations registered pursuant to [section 78o–3(a)](/usc/15/78o–3.md?p=a) of title 15 involving [security futures products](/usc/7/1a.md?p=45).

## Footnotes

[^1]: So in original. The semicolon probably should be a period.
[^2]: So in original. The word “and” probably should not appear.
[^3]: So in original. The period probably should be a semicolon.
[^4]: So in original. No subpar. (B) has been enacted.
[^5]: So in original. The period probably should be “; and”.
[^6]: So in original. Probably should not be capitalized.
[^7]: Two subsecs. (q) have been enacted.

## Source credit

(Sept. 21, 1922, ch. 369, § 17, as added Pub. L. 93–463, title III, § 301, Oct. 23, 1974, 88 Stat. 1406; amended Pub. L. 95–405, § 22, Sept. 30, 1978, 92 Stat. 876; Pub. L. 97–444, title II, §§ 217(b), 233, Jan. 11, 1983, 96 Stat. 2307, 2320; Pub. L. 99–641, title I, §§ 107, 108, 110(6), (7), Nov. 10, 1986, 100 Stat. 3558, 3559, 3561; Pub. L. 102–546, title II, §§ 204(a), 206(b), 209(b)(8), 222(c), 228, title IV, § 402(12), Oct. 28, 1992, 106 Stat. 3600, 3602, 3607, 3616, 3619, 3625; Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(24), title II, § 251(g)], Dec. 21, 2000, 114 Stat. 2763, 2763A–410, 2763A–444; Pub. L. 110–234, title XIII, § 13105(f), May 22, 2008, 122 Stat. 1434; Pub. L. 110–246, § 4(a), title XIII, § 13105(f), June 18, 2008, 122 Stat. 1664, 2196; Pub. L. 111–203, title VII, § 749(g), July 21, 2010, 124 Stat. 1748.)

## Notes

### Editorial Notes

### Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

### Amendments

2010—Subsec. (r)(1). Pub. L. 111–203 substituted “section 6d(e) of this title” for “section 6d(c) of this title”.

2008—Subsec. (r)(1). Pub. L. 110–246, § 13105(f), substituted “6d(c)” for “6d(3)”.

2000—Subsecs. (b)(2), (3), (10), (o)(1), (q)(2). Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(24)], substituted “registered entity” for “contract market” wherever appearing.

Subsec. (r). Pub. L. 106–554, § 1(a)(5) [title II, § 251(g)], added subsec. (r).

1992—Subsec. (a)(1), (2). Pub. L. 102–546, § 402(12)(A), realigned margins.

Subsec. (b)(3). Pub. L. 102–546, §§ 206(b)(1)(A), (B), 209(b)(8)(A)(i), struck out “or” at end of subpar. (A), in subpar. (B) made technical amendment to reference to sections 9 and 15 of this title to reflect change in reference to corresponding section of original act and struck out “or” at end, and in subpar. (D) substituted a semicolon for period at end.

Subsec. (b)(4). Pub. L. 102–546, §§ 206(b)(1)(B), (C), 209(b)(8)(A)(ii), substituted a semicolon for period at end of subpars. (A) to (D), in subpar. (E) substituted “; and” for period at end, and in subpar. (F) made technical amendment to reference to sections 9 and 15 of this title to reflect change in reference to corresponding section of original act and substituted a semicolon for period at end.

Subsec. (b)(5) to (9). Pub. L. 102–546, § 206(b)(1)(B), (C), substituted a semicolon for period at end of pars. (5) to (9) and subpars. (A), (B), and (D) of par. (9) and in par. (9)(C) substituted “; and” for period at end.

Subsec. (b)(10). Pub. L. 102–546, §§ 206(b)(1)(C), 222(c), substituted “(A)” for “(i)” and “voluntary, (B)” for “voluntary and (ii)”, inserted “, and” and subpar. (C) after “association”, and substituted “; and” for period at end.

Subsec. (b)(11) to (13). Pub. L. 102–546, § 206(b)(1)(D), added pars. (11) to (13).

Subsec. (i)(4). Pub. L. 102–546, § 228, which directed that “(other than a registered futures association).” be struck out, was executed by striking “(other than a registered futures association)” after “Any person” to reflect the probable intent of Congress.

Pub. L. 102–546, § 209(b)(8)(B), made technical amendment to reference to sections 9 and 15 of this title to reflect change in reference to corresponding section of original act.

Subsec. (l)(2)(B). Pub. L. 102–546, § 402(12)(B), made technical amendment to reference to this chapter appearing after “violated any provision of” to reflect change in reference to corresponding provision of original act and substituted “; and” for period at end.

Subsec. (o)(4). Pub. L. 102–546, § 209(b)(8)(C), made technical amendment to reference to sections 9 and 15 of this title to reflect change in reference to corresponding section of original act.

Subsec. (p)(4). Pub. L. 102–546, § 204(a), added par. (4).

Subsec. (q). Pub. L. 102–546, § 206(b)(2), added subsec. (q) relating to major disciplinary rules violations.

1986—Subsec. (b)(2). Pub. L. 99–641, § 110(6), substituted “within” for “with in” before “the meaning”.

Subsec. (h). Pub. L. 99–641, § 107, amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “If any registered futures association takes any disciplinary action against any member thereof or any person associated with such a member or denies admission to any person seeking membership therein, or bars any person from being associated with a member, such action shall be subject to review by the Commission, on its own motion, or upon application by any person aggrieved thereby filed within thirty days after such action has been taken or within such longer period as the Commission may determine. Application to the Commission for review, or the institution of review by the Commission on its own motion, shall operate as a stay of such action until an order is issued upon such review pursuant to subsection (i) of this section unless the Commission otherwise orders, after notice and opportunity for hearing on the question of a stay (which hearing may consist solely of affidavits and oral arguments).”

Subsec. (i). Pub. L. 99–641, § 107, amended subsec. (i) generally. Prior to amendment, subsec. (i) read as follows:

“(1) In a proceeding to review disciplinary action taken by a registered futures association against a member thereof or a person associated with a member, if the Commission, after appropriate notice and opportunity for hearing, upon consideration of the record before the association and such other evidence as it may deem relevant—

“(A) finds that such member or person has engaged in such acts or practices, or has omitted such act, as the association has found him to have engaged in or omitted, and

“(B) determines that such acts or practices, or omission to act, are in violation of such rules of the association as have been designated in the determination of the association, the Commission shall by order dismiss the proceeding, unless it appears to the Commission that such action should be modified in accordance with paragraph (2) of this subsection. The Commission shall likewise determine whether the acts or practices prohibited, or the omission of any act required, by any such rule constitute conduct inconsistent with just and equitable principles of trade, and shall so declare. If it appears to the Commission that the evidence does not warrant the finding required in clause (A), or if the Commission determines that such acts or practices as are found to have been engaged in are not prohibited by the designated rule or rules of the association, or that such act as is found to have been omitted is not required by such designated rule or rules, the Commission shall by order set aside the action of the association.

“(2) If, after appropriate notice and opportunity for hearing, the Commission finds that any penalty imposed upon a member or person associated with a member is excessive or oppressive, having due regard to the public interest, the Commission shall by order cancel, reduce, or require the remission of such penalty.

“(3) In any proceeding to review the denial of membership in a registered futures association or the barring of any person from being associated with a member, if the Commission, after appropriate notice and hearing, and upon consideration of the record before the association and such other evidence as it may deem relevant, determines that the specific grounds on which such denial or bar is based exist in fact and are valid under this section, the Commission shall by order dismiss the proceeding; otherwise, the Commission shall by order set aside the action of the association and require it to admit the applicant to membership therein, or to permit such person to be associated with a member.”

Subsec. (j). Pub. L. 99–641, § 108, struck out sentence which read as follows: “The Commission shall approve such rules within thirty days of their receipt if Commission approval is requested under this subsection or within thirty days after the Commission determines to review for approval any other rules unless the Commission notifies the registered futures association of its inability to complete such approval or review within such period of time.”

Subsec. (k)(1). Pub. L. 99–641, § 110(7), substituted “section” for “title”.

1983—Subsec. (b)(4)(E). Pub. L. 97–444, § 233(1), inserted “, which may require the applicant to be fingerprinted and to submit, or cause to be submitted, such fingerprints to the Attorney General for identification and appropriate processing. Notwithstanding any other provision of law, such an association may receive from the Attorney General all the results of such identification and processing” after “adopt procedures for verification of qualifications of the applicant”.

Subsec. (b)(10). Pub. L. 97–444, § 217(b), required association rules to provide for “expeditious” procedure, redesignated cl. (iv) as (ii) and substituted “ ‘customer’ as used in this paragraph shall not include another member of the association” for “ ‘customer’ as used in this subsection shall not include a futures commission merchant or a floor broker”, and struck out clauses “(ii) the procedure shall not be applicable to any claim in excess of $15,000, (iii) the procedure shall not result in any compulsory payment except as agreed upon between the parties,”.

Subsec. (d). Pub. L. 97–444, § 233(2), substituted “section 12a(1) of this title” for “section 12a(4) of this title”.

Subsec. (h). Pub. L. 97–444, § 233(3), substituted “subsection (i) of this section” for “subsection (k) of this section”.

Subsec. (j). Pub. L. 97–444, § 233(4), substituted “A registered futures association shall submit to the Commission any change in or addition to its rules and may make such rules effective ten days after receipt of such submission by the Commission unless, within the ten-day period, the registered futures association requests review and approval thereof by the Commission or the Commission notifies such registered futures association in writing of its determination to review such rules for approval. The Commission shall approve such rules within thirty days of their receipt if Commission approval is requested under this subsection or within thirty days after the Commission determines to review for approval any other rules unless the Commission notifies the registered futures association of its inability to complete such approval or review within such period of time. The Commission shall approve such rules if such rules are determined by the Commission to be consistent with the requirements of this section and not otherwise in violation of this chapter or the regulations issued pursuant to this chapter, and the Commission shall disapprove, after appropriate notice and opportunity for hearing, any such rule which the Commission determines at any time to be inconsistent with the requirements of this section or in violation of this chapter or the regulations issued pursuant to this chapter. If the Commission does not approve or institute disapproval proceedings with respect to any rule within one hundred and eighty days after receipt or within such longer period of time as the registered futures association may agree to, or if the Commission does not conclude a disapproval proceeding with respect to any rule within one year after receipt or within such longer period as the registered futures association may agree to, such rule may be made effective by the registered futures association until such time as the Commission disapproves such rule in accordance with this subsection” for “Any change in or addition to the rules of a registered futures association shall be submitted to the Commission for approval and shall take effect upon the thirtieth day after such approval by the Commission, or upon such earlier date as the Commission may determine, unless the Commission shall enter an order disapproving such change or addition; and the Commission shall enter such an order unless such change or addition appears to the Commission to be consistent with the requirements of this section and the provisions of this chapter”.

Subsecs. (o) to (q). Pub. L. 97–444, § 233(5), added subsecs. (o), (p), and (q).

1978—Subsec. (b)(3)(B). Pub. L. 95–405, § 22(1), struck out “(7 U.S.C. 9)” after “sections 9 and 15 of this title”.

Subsec. (b)(10). Pub. L. 95–405, § 22(2), substituted “$15,000” for “$5,000”.

Subsec. (l)(1), (2)(A). Pub. L. 95–405, § 22(3), substituted “chapter” for “section” wherever appearing.

Subsecs. (m), (n). Pub. L. 95–405, § 22(4), added subsec. (m) and redesignated former subsec. (m) as (n).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2010 Amendment

Amendment by Pub. L. 111–203 effective on the later of 360 days after July 21, 2010, or, to the extent a provision of subtitle A (§§ 711–754) of title VII of Pub. L. 111–203 requires a rulemaking, not less than 60 days after publication of the final rule or regulation implementing such provision of subtitle A, see section 754 of Pub. L. 111–203, set out as a note under section 1a of this title.

### Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

### Effective Date of 1983 Amendment

Amendment by Pub. L. 97–444 effective Jan. 11, 1983, see section 239 of Pub. L. 97–444, set out as a note under section 2 of this title.

### Effective Date of 1978 Amendment

Amendment by Pub. L. 95–405 effective Oct. 1, 1978, see section 28 of Pub. L. 95–405, set out as a note under section 2 of this title.

### Effective Date

For effective date of section, see section 418 of Pub. L. 93–463, set out as an Effective Date of 1974 Amendment note under section 2 of this title.

### Implementation

Pub. L. 102–546, title II, § 204(b), Oct. 28, 1992, 106 Stat. 3600, provided that: “The guidelines required under section 17(p)(4) of the Commodity Exchange Act [7 U.S.C. 21(p)(4)] (as added by subsection (a) of this section) shall be submitted by a futures association registered with the Commodity Futures Trading Commission on the date of enactment of this Act [Oct. 28, 1992] to the Commission for the approval of the Commission not later than one hundred and eighty days after the date of enactment of this Act.”

### Study on Computerized Futures Trading

Pub. L. 102–546, title II, § 220(b), (c), Oct. 28, 1992, 106 Stat. 3614, required the Commodity Futures Trading Commission to conduct a study related to trading in futures and options subject to the jurisdiction of the Commission under the Commodity Exchange Act through computers or by other electronic means, and also required the Commission, not later than two years after Oct. 28, 1992, to submit to Congress a report containing the results of the study and any appropriate recommendations.