This month marks the initiation of CFTC Regulation 1.22 implementation, often referred to as the “residual interest” rule. On November 14, the deadline for FCMs to post their own capital into customer segregated accounts which require additional margin moves to 6:00 pm ET on the settlement date. Obviously, this affects the deadline for your customers to increase their own funds.
This past July and at our annual member meeting in September, NIBA presented several workshops explaining the requirements of this rule and its possible effects on your customer and FCM relationships. Please contact your FCM directly if you have questions, as each of them has issued specific protocol for compliance.
The CFTC has also issued an Interpretative Letter stating that an FCM may credit a customer’s futures, foreign futures and/or cleared swaps account for a margin payment upon the FCM’s initiation of a withdrawal from the customer’s bank account using the ACH transaction system. The FCM and customer must have entered into a written agreement authorizing the FCM to initiate the ACH transaction. Again, check with your FCM to see how to comply if your customers wish to use ACHs to meet margin requirements.
Next month, this newsletter will focus primarily on the upcoming NFA election for positions on its Board of Directors. This year sees several contested positions - a situation likely to continue as more NFA members decide to take a more active interest in the regulators’ decision-making process.
Be sure to save-the-date February 19, 2015 to attend NIBA’s 3rd Annual Winter Membership Meeting in southern California. Sessions and event venue will be announced shortly, and you’ll be able to register online at the NIBA website.