A board of trade applying to the Commission for designation as a contract market shall submit an application to the Commission that includes any relevant materials and records the Commission may require consistent with this chapter.
A board of trade that is designated as a contract market on December 21, 2000, shall be considered to be a designated contract market under this section.
To be designated, and maintain a designation, as a contract market, a board of trade shall comply with-
Unless otherwise determined by the Commission by rule or regulation, a board of trade described in subparagraph (A) shall have reasonable discretion in establishing the manner in which the board of trade complies with the core principles described in this subsection.
The board of trade shall establish, monitor, and enforce compliance with the rules of the contract market, including-
The board of trade shall have the capacity to detect, investigate, and apply appropriate sanctions to any person that violates any rule of the contract market.
The rules of the contract market shall provide the board of trade with the ability and authority to obtain any necessary information to perform any function described in this subsection, including the capacity to carry out such international information-sharing agreements as the Commission may require.
The board of trade shall list on the contract market only contracts that are not readily susceptible to manipulation.
The board of trade shall have the capacity and responsibility to prevent manipulation, price distortion, and disruptions of the delivery or cash-settlement process through market surveillance, compliance, and enforcement practices and procedures, including-
To reduce the potential threat of market manipulation or congestion (especially during trading in the delivery month), the board of trade shall adopt for each contract of the board of trade, as is necessary and appropriate, position limitations or position accountability for speculators.
For any contract that is subject to a position limitation established by the Commission pursuant to section of this title, the board of trade shall set the position limitation of the board of trade at a level not higher than the position limitation established by the Commission.
The board of trade shall make available to market authorities, market participants, and the public accurate information concerning-
The board of trade shall make public daily information on settlement prices, volume, open interest, and opening and closing ranges for actively traded contracts on the contract market.
The board of trade shall provide a competitive, open, and efficient market and mechanism for executing transactions that protects the price discovery process of trading in the centralized market of the board of trade.
The rules of the board of trade may authorize, for bona fide business purposes-
The board of trade shall maintain rules and procedures to provide for the recording and safe storage of all identifying trade information in a manner that enables the contract market to use the information-
The board of trade shall establish and enforce-
The board of trade shall establish and enforce rules-
The board of trade shall establish and enforce disciplinary procedures that authorize the board of trade to discipline, suspend, or expel members or market participants that violate the rules of the board of trade, or similar methods for performing the same functions, including delegation of the functions to third parties.
The board of trade shall establish and enforce rules regarding, and provide facilities for alternative dispute resolution as appropriate for, market participants and any market intermediaries.
The board of trade shall establish and enforce appropriate fitness standards for directors, members of any disciplinary committee, members of the contract market, and any other person with direct access to the facility (including any party affiliated with any person described in this paragraph).
The board of trade shall establish and enforce rules-
The governance arrangements of the board of trade shall be designed to permit consideration of the views of market participants.
The board of trade shall maintain records of all activities relating to the business of the contract market-
Unless necessary or appropriate to achieve the purposes of this chapter, the board of trade shall not-
The board of trade shall-
The financial resources of the board of trade shall be considered to be adequate if the value of the financial resources exceeds the total amount that would enable the contract market to cover the operating costs of the contract market for a 1-year period, as calculated on a rolling basis.
The board of trade, if a publicly traded company, shall endeavor to recruit individuals to serve on the board of directors and the other decision-making bodies (as determined by the Commission) of the board of trade from among, and to have the composition of the bodies reflect, a broad and culturally diverse pool of qualified candidates.
1 So in original. Probably should be "take".
7 U.S.C. § 7
Sept. 21, 1922, ch. 369, §5, as added Pub. L. 106-554, §1(a)(5) [title I, §110(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A-384; amended Pub. L. 111-203, title VII, §§721(e)(4), 735, July 21, 2010, 124 Stat. 1671, 1718.
PRIOR PROVISIONSA prior section 7, acts Sept. 21, 1922, ch. 369, §5, 42 Stat. 1000; June 15, 1936, ch. 545, §§2, 6, 49 Stat. 1491, 1497; Pub. L. 90-258, §§10, 11, Feb. 19, 1968, 82 Stat. 29; Pub. L. 93-463, title I, §103(a), (f), (g), title II, §207, Oct. 23, 1974, 88 Stat. 1392, 1400; Pub. L. 102-546, title II, §§201(c), 209(b)(2), Oct. 28, 1992, 106 Stat. 3597, 3606, related to conditions and requirements for designation of boards of trade as contract markets, prior to repeal by Pub. L. 106-554, §1(a)(5) [title I, §110(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A-384.
AMENDMENTS 2010-Subsec. (b). Pub. L. 111-203, §735(a), struck out subsec. (b) which related to criteria for designation as a contract market.Subsec. (d). Pub. L. 111-203, §735(b), added subsec. (d) and struck out former subsec. (d) which related to core principles for contract markets. Subsec. (e)(1). Pub. L. 111-203, §721(e)(4), substituted "section 1a(9)" for "section 1a(4)".
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 sectionof this title.
- The term "Board" means the Board of Governors of the Federal Reserve System.
- The term "Commission" means the Commodity Futures Trading Commission established under section 2(a)(2) of this title.
- board of trade
- The term "board of trade" means any organized exchange or other trading facility.