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The
Story Behind the Financial Integrity of the U.S.
Futures Markets
Trading
volume in futures contracts and options on futures on
U.S. markets has risen to more than 500 million
contracts annually. And the dollar value of futures
contracts traded currently exceeds several fold the
dollar value of common stocks traded on all U.S. stock
exchanges.
A
requisite for this growth has been the financial
integrity of futures markets. While trading in futures
contracts obviously involves risks related to price
changes, market participants have historically had
little reason to be concerned about the security of
their funds. Customer losses due to the insolvency of
a futures brokerage firm have been virtually
non-existent. Indeed, such losses have totaled less
over 50 years than the Securities Investor Protection
Corporation has paid, on the average, to reimburse
customers of the securities industry for member firm
insolvency losses each year.
For
anyone considering participation in the nation's
futures markets, the reasons behind this continuing
and impressive record of financial soundness are worth
knowing about.
Daily
Cash Settlement
As
futures prices move upward and downward, the market
value of customers' open positions increases and
decreases. Resulting gains and losses from futures
trading are credited or charged to each customer's
account each day following the close of trading.
Subject to existing margin requirements, all gains
deposited to a customer's account through this
procedure become immediately available to the
customer.
Margin
Requirements
Buyers
and sellers of futures contracts are required to at
all times maintain sufficient funds on deposit in
their brokerage accounts to cover losses that might be
incurred as a result of price changes. Margin deposits
provide protection for all market participants. In
volatile markets, the exchanges increase margin
requirements accordingly. The availability of such
funds is what makes daily cash settlements possible
under all market conditions.
The
Exchange Clearing Houses
Once
each purchase of a futures contract is precisely
matched to the corresponding sale (a process which
occurs each day), the clearing organization of the
exchange where the contracts are traded becomes the
"buyer to every seller and the seller to every
buyer." The purpose: provide a mechanism that
assures the payment of all gains and collection of all
losses on a daily basis.
Capital
Requirements
Every
firm that conducts business with the public as a
Futures Commission Merchant must have and maintain
sufficient capital to meet its financial obligations
to its customers. These requirements are subject to
continuous audit and stringent enforcement. Regulatory
agencies have the authority to determine compliance on
a daily basis and in volatile markets clearing
organization can demand that a firm provide additional
capital on one hour's notice!
Segregated
Accounts
Firms
and principals of firms in the futures industry are
required to maintain their customers' funds and margin
deposits in bank accounts which are totally separate
from their own. Rules further stipulate that such
funds can be used only for the purposes the customers
intended and can at no time be commingled with the
firm's funds or the funds of the firm's principals.
Compliance is strictly enforced and regulators possess
power to take such immediate action as is considered
necessary to protect the security of customers' money.
Transfer
of Market Positions
Should
a firm be determined to be in a financial situation
that could potentially jeopardize the safety of its
customers' funds, it can be directed to immediately
cease operations and transfer all open customer
positions in the market to a firm which is financially
sound. This is to ensure that adequately margined
positions with a troubled firm will not be liquidated
at a time when the customer may not wish for them to
be liquidated.
Regulation
Regulation of the U.S. futures industry is primarily
self-regulation, with the role of the federal
Commodity Futures Trading Commission being principally
an oversight role (to determine that self-regulation
is continuous and effective). Of the total
expenditures on futures regulation, more than
three-fifths of the cost is presently being paid by
the exchanges where futures contracts are traded and
by National Futures Association (NFA), the
industrywide self-regulatory organization authorized
by Congress and established in 1982. The purpose of
self-regulation is to assure that those who conduct
futures trading business with the public do so in a
professional, ethical and honest manner.
NFA's responsibilities include screening, testing and
registering persons applying to conduct business in
the futures industry. NFA and the exchanges have
responsibility for auditing and enforcing compliance
with industry rules. These rules encompass financial
requirements, segregation of customers' funds,
accounting procedures, sales activities and, in the
case of the exchanges, floor trading practices.
Although there is no guarantee against customer losses
due to the insolvency of a futures brokerage firm, the
above mechanisms are designed to ensure the financial
integrity of this nation's futures markets, and have
in fact minimized the risk of customer losses.
This
publication is the property of the National
Futures Association. |