7 U.S.C. § 1
Short title
This chapter may be cited as the “Commodity Exchange Act.”
Title 7 — AGRICULTURE
United States · statute · 7 U.S.C. · 2,357 active provisions
7 U.S.C. § 1a
Definitions
As used in this chapter: The term “alternative trading system” means an organization, association, or group of persons that— does not— The term “appropriate Federal banking agency”— The term “associated person of a security-based swap dealer or major security-based swap participant” has the meaning given the term in se…
7 U.S.C. § 1b
Requirements of Secretary of the Treasury regarding exemption of foreign exchange swaps and foreign exchange forwards from definition of the term “swap”
In determining whether to exempt foreign exchange swaps and foreign exchange forwards from the definition of the term “swap”, the Secretary of the Treasury (referred to in this section as the “Secretary”) shall consider— If the Secretary makes a determination to exempt foreign exchange swaps and foreign exchange forwar…
7 U.S.C. § 2
Jurisdiction of Commission; liability of principal for act of agent; Commodity Futures Trading Commission; transaction in interstate commerce
The Commission shall have exclusive jurisdiction, except to the extent otherwise provided in the Wall Street Transparency and Accountability Act of 2010 (including an amendment made by that Act) and subparagraphs (C), (D), and (I) of this paragraph and subsections (c) and (f), with respect to accounts, agreements (incl…
7 U.S.C. § 5
Findings and purpose
The transactions subject to this chapter are entered into regularly in interstate and international commerce and are affected with a national public interest by providing a means for managing and assuming price risks, discovering prices, or disseminating pricing information through trading in liquid, fair and financial…
7 U.S.C. § 6
Regulation of futures trading and foreign transactions
Unless exempted by the Commission pursuant to subsection (c) or by subsection (e), it shall be unlawful for any person to offer to enter into, to enter into, to execute, to confirm the execution of, or to conduct any office or business anywhere in the United States, its territories or possessions, for the purpose of so…
7 U.S.C. § 6a
Excessive speculation
Excessive speculation in any commodity under contracts of sale of such commodity for future delivery made on or subject to the rules of contract markets or derivatives transaction execution facilities, or swaps that perform or affect a significant price discovery function with respect to registered entities causing sud…
7 U.S.C. § 6b
Contracts designed to defraud or mislead
It shall be unlawful— for any person, in or in connection with any order to make, or the making of, any contract of sale of any commodity for future delivery, or swap, that is made, or to be made, for or on behalf of, or with, any other person, other than on or subject to the rules of a designated contract market— Subs…
7 U.S.C. § 6b–1
Enforcement authority
Except as provided in subsections (b), (c), and (d), the Commission shall have exclusive authority to enforce the provisions of subtitle A of the Wall Street Transparency and Accountability Act of 2010 with respect to any person. The prudential regulators shall have exclusive authority to enforce the provisions of sect…
7 U.S.C. § 6c
Prohibited transactions
It shall be unlawful for any person to offer to enter into, enter into, or confirm the execution of a transaction described in paragraph (2) involving the purchase or sale of any commodity for future delivery (or any option on such a transaction or option on a commodity) or swap if the transaction is used or may be use…
7 U.S.C. § 6d
Dealing by unregistered futures commission merchants or introducing brokers prohibited; duties in handling customer receipts; conflict-of-interest systems and procedures; Chief Compliance Officer; rules to avoid duplicative regulations; swap requirements; portfolio margining accounts
It shall be unlawful for any person to be a futures commission merchant unless— It shall be unlawful for any person, including but not limited to any clearing agency of a contract market or derivatives transaction execution facility and any depository, that has received any money, securities, or property for deposit in…
7 U.S.C. § 6e
Dealings by unregistered floor trader or broker prohibited
It shall be unlawful for any person to act as floor trader in executing purchases and sales, or as floor broker in executing any orders for the purchase or sale, of any commodity for future delivery, or involving any contracts of sale of any commodity for future delivery, on or subject to the rules of any contract mark…
7 U.S.C. § 6f
Registration and financial requirements; risk assessment
Notwithstanding paragraph (1), and except as provided in paragraph (3), any broker or dealer that is registered with the Securities and Exchange Commission shall be registered as a futures commission merchant or introducing broker, as applicable, if— A floor broker or floor trader shall be exempt from the registration…
7 U.S.C. § 6g
Reporting and recordkeeping
Every person registered hereunder as futures commission merchant, introducing broker, floor broker, or floor trader shall make such reports as are required by the Commission regarding the transactions and positions of such person, and the transactions and positions of the customer thereof, in commodities for future del…
7 U.S.C. § 6h
False self-representation as registered entity member prohibited
It shall be unlawful for any person falsely to represent such person to be a member of a registered entity or the representative or agent of such member, or to be a registrant under this chapter or the representative or agent of any registrant, in soliciting or handling any order or contract for the purchase or sale of…
7 U.S.C. § 6i
Reports of deals equal to or in excess of trading limits; books and records; cash and controlled transactions
It shall be unlawful for any person to make any contract for the purchase or sale of any commodity for future delivery on or subject to the rules of any contract market or derivatives transaction execution facility, or any significant price discovery contract traded or executed on an electronic trading facility or any…
7 U.S.C. § 6j
Restrictions on dual trading in security futures products on designated contract markets and registered derivatives transaction execution facilities
The Commission shall issue regulations to prohibit the privilege of dual trading in security futures products on each contract market and registered derivatives transaction execution facility. The regulations issued by the Commission under this section— shall provide exceptions, as the Commission determines appropriate…
7 U.S.C. § 6k
Registration of associates of futures commission merchants, commodity pool operators, and commodity trading advisors; required disclosure of disqualifications; exemptions for associated persons
Any associated person of a broker or dealer that is registered with the Securities and Exchange Commission, and who limits its solicitation of orders, acceptance of orders, or execution of orders, or placing of orders on behalf of others involving any contracts of sale of any commodity for future delivery or any option…
7 U.S.C. § 6l
Commodity trading advisors and commodity pool operators; Congressional finding
It is hereby found that the activities of commodity trading advisors and commodity pool operators are affected with a national public interest in that, among other things—
7 U.S.C. § 6n
Registration of commodity trading advisors and commodity pool operators; application; expiration and renewal; record keeping and reports; disclosure; statements of account
Any commodity trading advisor or commodity pool operator, or any person who contemplates becoming a commodity trading advisor or commodity pool operator, may register under this chapter by filing an application with the Commission. Such application shall contain such information, in such form and detail, as the Commiss…
7 U.S.C. § 6o
Fraud and misrepresentation by commodity trading advisors, commodity pool operators, and associated persons
It shall be unlawful for a commodity trading advisor, associated person of a commodity trading advisor, commodity pool operator, or associated person of a commodity pool operator, by use of the mails or any means or instrumentality of interstate commerce, directly or indirectly—
7 U.S.C. § 6q
Special procedures to encourage and facilitate bona fide hedging by agricultural producers
The Commission shall consider issuing rules or orders which— Within 1 year after December 21, 2000, the Commission shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the steps it has taken to implement this sec…
7 U.S.C. § 6r
Reporting and recordkeeping for uncleared swaps
Each swap that is not accepted for clearing by any derivatives clearing organization shall be reported to— Each swap entered into before July 21, 2010, the terms of which have not expired as of July 21, 2010, shall be reported to a registered swap data repository or the Commission by a date that is not later than— The…
7 U.S.C. § 6s
Registration and regulation of swap dealers and major swap participants
It shall be unlawful for any person to act as a swap dealer unless the person is registered as a swap dealer with the Commission. It shall be unlawful for any person to act as a major swap participant unless the person is registered as a major swap participant with the Commission. A person shall register as a swap deal…
7 U.S.C. § 6t
Large swap trader reporting
Except as provided in paragraph (2), it shall be unlawful for any person to enter into any swap that the Commission determines to perform a significant price discovery function with respect to registered entities if— Paragraph (1) shall not apply if— Books and records described in subsection (a)(2)(B) shall— Nothing in…
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