[Federal Register: September 17, 2004 (Volume 69, Number 180)]
[Rules and Regulations]
[Page 55949]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17se04-4]
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COMMODITY FUTURES TRADING COMMISSION
17 CFR Part 1
RIN 3038--AB64
Minimum Financial and Related Reporting Requirements for Futures
Commission Merchants and Introducing Brokers; Correction
AGENCY: Commodity Futures Trading Commission.
ACTION: Final rule; correction.
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SUMMARY: This document corrects typographical errors in a final rule
that was published in the Federal Register on August 12, 2004. This
document also corrects the inadvertent omission of technical
corrections that were described in the preamble of the published
document but which were not included in the amendatory language of the
final rule.
DATES: Effective as of September 30, 2004.
FOR FURTHER INFORMATION CONTACT: Thelma Diaz, Special Counsel, at (202)
418-5137, Commodity Futures Trading Commission, Three Lafayette Centre,
1155 21st Street, NW., Washington, DC 20581. Electronic mail:
tdiaz@cftc.gov.
SUPPLEMENTARY INFORMATION: In a document published in the Federal
Register of August 12, 2004 (69 FR 49784), the Commodity Futures
Trading Commission (``Commission'') announced amendments to Commission
rules relating to the minimum financial and related reporting
requirements for futures commission merchants and introducing brokers.
As discussed in the preamble, at page 49791, footnote 36, the
amendments included technical corrections to revise references to
``1.17(a)(1)(ii)'' to read ``1.17(a)(1)(iii)'' within Rules 1.10(j)(8)
and 1.17(a)(2), in order to reflect prior Commission rulemaking that
had redesignated Rule 1.17(a)(1)(ii). However, these technical
corrections were inadvertently omitted from the amendatory language in
the published document, and the amendatory language also contained
typographical errors. This document corrects both the omission and the
typographical errors in the published document.
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In FR Doc. 04-18349, appearing at pages 49784 through 49800 in the
Federal Register of Thursday, August 12, 2004, the following
corrections are made:
PART 1--[Corrected]
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1. On page 49795, in the second column, in amendatory instruction
Number 2, beginning in the second line, the language that reads ``(e),
and (f)'' is corrected to read ``(e), (f), and (j)(8)(ii)(A)''.
Sec. 1.10 [Corrected]
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2. On page 49795, in the third column, in Sec. 1.10, in paragraph
(c)(3), seventh line, the phrase ``a registrant'' in corrected to read
``an applicant''.
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3. On page 49797, in the first column, in Sec. 1.10, in paragraph
(f)(1)(ii)(B), in the last line of the paragraph, the phrase
subparagraph (f)(1(ii) is corrected to read as ``paragraph
(f)(1)(ii)''.
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4. On page 49797, in the first column, in Sec. 1.10, after the five
asterisks that follow paragraph (f)(2)(ii), and before amendatory
instruction Number 3, the section is corrected by adding the following:
(j) * * *
(8) * * *
(ii)(A) Notwithstanding the provisions of paragraph (j)(8)(i) of
this section or of Sec. 1.17(a), an introducing broker that is a party
to a guarantee agreement that has been terminated in accordance with
the provisions of paragraph (j)(5)(ii) of this section shall not be
deemed to be in violation of the minimum adjusted net capital
requirement of Sec. 1.17(a)(1)(iii) or (a)(2) for 30 days following
such termination. Such an introducing broker must cease doing business
as an introducing broker on or after the effective date of such
termination, and may not resume doing business as an introducing broker
unless and until it files a new agreement or either:
* * * * *
Sec. 1.16 [Corrected]
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5. On page 49798, following the second column, in amendatory
instruction Number 4, the section heading ``Sec. 11.16 Qualifications
and reports of accountants'' is corrected to read as ``Sec. 1.16
Qualifications and reports of accountants''.
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6. On page 49799, in the first column, in amendatory instruction Number
5, the second line, the language that reads ``paragraphs (a)(1)(i)(B)
and (b)(4)'' is corrected to read as ``paragraph (a)(1)(i)(B), the
first sentence of paragraph (a)(2)(ii), and paragraph (b)(4)''.
Sec. 1.17 [Corrected]
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7. On page 49799, in the first column, in Sec. 1.17, after the five
asterisks that follow paragraph (a)(1)(i)(B)(2), and before paragraph
(b), the section is corrected by adding the following:
(2) * * *
(ii) The minimum requirements of paragraph (a)(1)(iii) of this
section shall not be applicable to an introducing broker which elects
to meet the alternative adjusted net capital requirement for
introducing brokers by operation pursuant to a guarantee agreement
which meets the requirements set forth in Sec. 1.10(j). * * *
* * * * *
Issued in Washington, DC, on September 13, 2004, by the
Commission.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 04-21021 Filed 9-16-04; 8:45 am]
BILLING CODE 6351-01-M