Co-authored by Adam J. Spector.
In response to an increase in the volume of promotional material being submitted by guaranteed introducing brokers (GIBs) to the National Futures Association (NFA) through its Pre-review Program (a free service offered by the NFA to review promotional material prior to its distribution), the NFA has issued a notice reminding NFA members of the requirements of NFA Compliance Rule 2-9 (Rule 2-9). Rule 2-9 requires all promotional material of a GIB to first be reviewed by the supervisory personnel of such GIB’s guarantor futures commission merchant (FCM) before submitting such promotional material to the Pre-review Program. Going forward, all submissions of promotional material by a GIB to the Pre-review Program will be required to include an attestation by supervisory personnel of the guarantor FCM that the material was reviewed and approved in accordance with the requirements of Rule 2-9. Because the NFA’s review under the Pre-review Program is only with respect to compliance with Rule 2-9, such review does not provide a “safe harbor” to the submitting member with respect to other NFA rules.
The NFA’s notice to members may be found here.