Form 8-R - Individual Application Template (Page 2 of 38) in pdf

TEMPLATE: DO NOT SEND TO NFA

INDIVIDUAL APPLICATION (FORM 8-R)

COMMODITY FUTURES TRADING COMMISSION

NATIONAL FUTURES ASSOCIATION

Instructions for Using the Individual Application Template

failure to promptly update information can result in severe consequences, including denial or revocation of

registration.

Compliance with Disclosure Requirements of Another Regulatory Body is not Sufficient

With some exceptions, which are described below in the Regulatory and Financial Disclosures sections, if any

question requires the provision of information, that information must be provided. In particular, if a question in

the Disciplinary Information Section requires disclosure of a matter, the question must be answered “Yes” and

additional documents must be provided even if the matter has been disclosed to another regulatory body such as

FINRA, an exchange or a state regulator. Similarly, disclosure is required even if another regulatory body does

NOT require disclosure of the same matter.

Call NFA with Questions

If there is any question about whether particular information must be provided, whether a particular matter

must be disclosed or whether a particular question requires a “Yes” answer, call the NFA Information Center

at (800) 621-3570 or (312) 781-1410. Representatives are available from 8:00 a.m. to 5:00 p.m., Central Time,

Monday through Friday. If the advice of NFA staff is sought, a written record containing the date of the

conversation, the name of the NFA staff person giving the advice and a description of the advice should be made

during the conversation and kept in the event an issue concerning disclosure of the matter arises later.

DISCIPLINARY INFORMATION SECTION

Criminal Disclosures

Some common mistakes in answering the criminal disclosure questions involve expungements, diversion

programs and similar processes. The Commodity Futures Trading Commission requires a “Yes” answer even if

the matter has been expunged or the records sealed, there was no adjudication or finding of guilt, the guilty plea

was vacated or set aside or the matter was dismissed upon completion of the diversion program.

Another common error regarding criminal matters concerns matters that do not involve the futures industry.

All criminal matters must be disclosed, even if a matter is unrelated to the futures industry, unless the case was

decided in a juvenile court or under a Youth Offender law.

Regulatory Disclosures

Regulatory actions taken by the Commodity Futures Trading Commission, NFA or U.S. futures exchanges do

not need to be disclosed since NFA is already aware of them once they are entered into NFA’s BASIC system.

Financial Disclosures

It is not necessary to disclose arbitration awards or CFTC reparations matters unless the applicant or registrant

Page 2 | OMB Numbers 3038-0023 (exp. November 30, 2018) & 3038-0072 (exp. July 31, 2018) | CFTC Form 8-R (April 2017)

Form 8-R - Individual Application Template Page 2