Appendix 2 – Analysis of New Responsibilities and Authorities on 2013 Budgetary Requirements (continued)
Analysis of CFTC Registrants
Registration and regulation of over-the-counter derivatives dealers would be required. Dealers will be subject to capital and margin requirements (in some cases set by the Commission and in some by other prudential regulatory authorities). Dealers also will be required to meet robust business conduct standards to be established and enforced by the Commission. The Commission will also be responsible for enforcing recordkeeping requirements to be imposed on dealers, for establishing the requirements for reports that dealers must provide, and for reviewing those reports once submitted and taking action when necessary.
Registrants
Companies and individuals who handle customer funds, solicit or accept orders, or give trained advice must apply for CFTC registration through the NFA, a registered futures association and self-regulatory organization with delegated oversight authority from the Commission. The Commission currently regulates the activities of over 65,000 registrants.
| Registration Category | Number Registered |
|---|---|
| Associated Persons (APs) (Salespersons) | 52,369 |
| Commodity Pool Operators (CPOs) | 1,183 |
| Commodity Trading Advisors (CTAs) | 2,530 |
| Floor Brokers (FBs) | 6,316 |
| Floor Traders (FTs) | 1,286 |
| Futures Commission Merchants (FCMs) | 123 |
| Retail Foreign Exchange Dealers (RFEDs) | 14 |
| Introducing Brokers (IBs) | 1,535 |
| Swap Dealers (SDs) | 0 |
| Major Swap Participants (MSPs) | 0 |
| Total | 65,356 |
In FY 2013, the Commission projects approximately 230 – 300 entities to register as swap dealers, FCMs or RFEDs. This includes:
- Approximately 80 global and regional banks currently known to offer swaps in the United States. Of the International Swaps and Derivatives Association's 830 members, 209 are "Primary Members." Though many of the dealers in emerging markets may not seek to register in the United States, it is likely that most, if not all, of the global and international members would along with many of their existing swap dealing affiliates;
- Approximately 60 affiliates of existing swap dealers based upon the Dodd-Frank Act's Section 716 requirement that banks push out much of their commodity, equity and credit default swaps desks to affiliates;
- Approximately 40 non-bank swap dealers currently offering commodity and other swaps;
- Approximately 20 potential new market makers that wish to become swap dealers;
- Approximately 75 entities that will register as FCMs; and
- Approximately 25 entities that will register as RFEDs.
Given the resource needs of the CFTC, we are working very closely with self-regulatory organizations, including the National Futures Association (NFA), to determine what duties and roles they can take on in the swaps markets. In particular, we proposed rules that swap dealers would be required to be members of the NFA. This could facilitate the NFA taking on responsibilities related to registration and examination of swaps dealers. Nevertheless, the CFTC has the ultimate statutory authority and responsibility for overseeing these markets. Therefore, it is essential that the CFTC have additional resources to reduce risk and promote transparency in the swaps markets.