Release: #4106-98
For Release: February 13, 1998
CFTC Adopts Amendments to Its Risk Disclosure Rules
Governing Futures Commission Merchants and Introducing
Brokers
Washington -- The Commodity Futures Trading Commission
(Commission) announced today that it has adopted amendments to its
risk disclosure rules governing futures commission merchants and
introducing brokers. The amendments are designed to speed the account
opening process for certain categories of financially sophisticated
investors. Specifically, the changes eliminate current Commission
requirements that futures commission merchants and introducing brokers
provide certain specified categories of customers with standardized
risk disclosure statements and, in return, receive a signed
acknowledgment of such disclosure when opening accounts for these
customers. The categories of customers to whom the relief applies
consist primarily of institutional investors and high net worth
individuals. While the rule amendments relieve futures commission
merchants and introducing brokers of specific obligations to provide
standardized risk disclosure statements to qualifying customers, the
rule changes do not relieve these registrants of any other disclosure
obligations that they may have under applicable law. Specifically, the
amendments modify Commission rules 1.55, 1.65, 30.6, 33.7 and
190.10(c).
The rule amendments adopted by the Commission are substantially the same as the proposed rule amendments that were published in the Federal Register on September 10, 1997. However, in response to comments received, the Commission removed "government entities" from the categories of customers for whom this relief can be claimed. The rule amendments will be published in the Federal Register next week and will become effective 60 days after publication. The Federal Register release concerning these rule amendments will also be posted on the Commission's Internet homepage (www.cftc.gov). In addition, copies of the rule amendments may be obtained by contacting the Commission's Office of the Secretariat, Three Lafayette Centre, 1155 21st Street, N.W., Washington, D.C. 20581, (202) 418-5100.