NFA Compliance Rule 2-52: NFA Member Questionnaire requirements
NFA Compliance Rule 2-52 requires Members to submit the Member Questionnaire at least annually and more frequently in certain instances, as required by NFA. Members engaged in a commodity interest business are required to file the questionnaire annually.
New semi-annual filing and questionnaire update requirements
- Members who are not conducting commodity interest business (“Inactive Members”) will be subject to a new semi-annual filing requirement:
- Inactive Members are identified by responding “no” to the applicable question on the Member Questionnaire
- the first semi-annual filing requirement will impact firms with a November 1, 2024, annual filing deadline
- the first semi-annual filing due date is May 1, 2025.
- Members are required to promptly update the questionnaire when there are material changes to their business operation that render previous information inaccurate or incomplete.
- NFA’s new guidance requires certain defined persons to review and submit the questionnaire. The requirements vary depending on registration status:
- Members registered as a swap dealer only: an individual who is a principal must review and submit the questionnaire
- all other Members: an individual who is both a registered associated person and a principal must review and submit the questionnaire.
Consequences for non-compliance with submission requirements
NFA amended Bylaw 301 in accordance with the change. Under Bylaw 301(h), failure to submit the completed questionnaire within 30 days of a request by the NFA in accordance with Compliance Rule 2-52 will be deemed a request to withdraw from NFA Membership.
Early identification of the appropriate reviewer
NFA encourages members to identify the appropriate reviewer early. The change does not affect the system used to fill out the form, it only affects who reviews and submits the form. The reviewer must obtain new access to the NFA Online Registration System to be able to submit the Questionnaire. Further instructions will be provided by the NFA.
For more information please see the NFA’s Notice to Members.
How Waystone can help
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