Form 8-R - Individual Application Template (Page 6 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

been known by. For example, a maiden name, an alias name that you use or are known by, or a previous name if

you have changed your legal name.

OUTSIDE

DIRECTOR: an individual who is director of an applicant or registrant and who

• is not an officer or employee of the applicant or registrant;

• is not engaged in or have direct supervisory responsibility over persons engaged in the solicitation of

• or acceptance of customers’ orders or retail forex customers’ orders;

• funds, securities or property for participation in a commodity pool;

• a client’s or prospective client’s discretionary account;

• leverage customers’ orders for leverage transactions;

• or acceptance of a swap agreement; or

• does not regularly have access to the keeping, handling or processing of:

• transactions involving “commodity interests”, as that term is defined in CFTC Regulation 1.3(yy);

• customer funds, retail forex customer funds, leverage customer funds, foreign futures or foreign

options secured amount, or adjusted net capital.

PERSON: an individual, association, partnership, corporation, limited liability company, limited liability

partnership, trust, or other form of business organization.

PRINCIPAL: means, with respect to an applicant, a registrant, or a person required to be registered under the

Act:

(1) an individual who is:

• a sole proprietor of a sole proprietorship;

• a general partner of a partnership;

• a director, president, chief executive officer, chief operating officer, chief financial officer, or a person in

charge of a business unit, division or function subject to regulation by the Commission of a corporation,

limited liability company or limited liability partnership;

• a manager, managing member or a member vested with the management authority for a limited liability

company or limited liability partnership; or

• a chief compliance officer; or

(2) an individual who directly or indirectly, through agreement, holding companies, nominees, trusts or

otherwise:

• is the owner of 10% or more of the outstanding shares of any class of an applicant or registrant’s equity

securities, other than non-voting securities;

• is entitled to vote 10% or more of the outstanding shares of any class of an applicant or registrant’s equity

securities, other than non-voting securities;

• has the power to sell or direct the sale of 10% or more of the outstanding shares of any class of an applicant

or registrant’s equity securities, other than non-voting securities;

• is entitled to receive 10% or more of an applicant or registrant’s net profits; or

• has the power to exercise a controlling influence over an applicant or registrant’s activities that are subject

to regulation by the Commission; or

Page 6 | 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 6

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