Form 8-R - Individual Application Template (Page 31 of 38) in pdf

TEMPLATE: DO NOT SEND TO NFA

INDIVIDUAL APPLICATION (FORM 8-R)

COMMODITY FUTURES TRADING COMMISSION

NATIONAL FUTURES ASSOCIATION

Privacy Act Notice

The information in Forms 7-R, 7-W, 8-R and 8-T and on the fingerprint card is being collected pursuant to

authority granted in Sections 2(c), 4f, 4k, 4n, 4s, 8a and 19 of the Commodity Exchange Act, 7 U.S.C. §§ 2(c),

6f, 6k, 6n, 6s, 12a and 23. Under Section 2(c), it is unlawful for anyone to engage in off-exchange foreign

currency futures transactions or off-exchange foreign currency leveraged, margined or financed transactions

with persons who are not eligible contract participants without registration, or exemption from registration, as

a retail foreign exchange dealer, futures commission merchant, introducing broker, commodity pool operator

or commodity trading advisor, as appropriate. Under Section 4d of the Commodity Exchange Act, 7 U.S.C.

§6d, it is unlawful for anyone to act as a futures commission merchant or introducing broker without being

registered in that capacity under the Act. Under Section 4m of the Commodity Exchange Act, 7 U.S.C. §6m, it is

unlawful for a commodity trading advisor or commodity pool operator to make use of the mails or any means

or instrumentality of interstate commerce in connection with his business as a commodity trading advisor or

commodity pool operator without being registered in the appropriate capacity under the Act, except that a

commodity trading advisor who, during the course of the preceding 12 months, has not furnished commodity

trading advice to more than 15 persons and does not hold himself out generally to the public as a commodity

trading advisor, need not register. Under Section 4s of the Commodity Exchange Act, 7 U.S.C. §6s, it is unlawful

for anyone to act as a swap dealer or major swap participant without being registered in that capacity under

the Act. Under Section 19 of the Commodity Exchange Act, 7 U.S.C. §23, and Section 31.5 of the CFTC’s

regulations, it is unlawful for anyone to act as a leverage transaction merchant without being registered in that

capacity under the Act.

The information requested in Form 7-R is designed to assist NFA and the CFTC, as appropriate, in determining

whether the application for registration should be granted or denied and to maintain the accuracy of registration

files. The information in Form 7-W is designed to assist NFA and the CFTC in determining whether it would be

contrary to the requirements of the Commodity Exchange Act, or any rule, regulation or order thereunder, or

the public interest to permit withdrawal from registration.

The information requested in Form 8-R and on the fingerprint card will be used by the CFTC or NFA, as

appropriate, as a basis for conducting an inquiry into the individual’s fitness to be an associated person,

floor broker or floor trader or to be a principal of a futures commission merchant, swap dealer, major swap

participant, retail foreign exchange dealer, introducing broker, commodity trading advisor, commodity pool

operator, leverage transaction merchant or non-natural person floor trader.

Portions of the information requested in Form 8-R will be used by the CFTC and, in appropriate cases, by

NFA, to confirm the registration of certain associated persons. The information requested in Form 8-T will be

used by the CFTC, and, in appropriate cases, by NFA, to record the registration status of the individual and, in

appropriate cases, as a basis for further inquiry into the individual’s fitness to remain in business subject to the

CFTC’s jurisdiction.

With the exception of the social security number and Federal employer identification number, all information

in Forms 8-R and 8-T must be furnished. Disclosure of the social security number and Federal employer

identiﬁcation number is voluntary. The social security number and the Federal employer identification number

Page 31 | 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 31