Attach to Form 990 or 990-EZ.| Identifier | Return Reference | Explanation |
|---|---|---|
| Members or Stockholders | Form 990, Part VI, Line 6 | NFA MEMBERS INCLUDE ANY PERSON REGISTERED WITH THE COMMODITY FUTURES TRADING COMMISSION ("COMMISSION"); ANY CONTRACT MARKET; AND ANY PERSON DESIGNATED BY COMMISSION RULE AS ELIGIBLE FOR NFA MEMBERSHIP. NFA MEMBERS ARE DIVIDED INTO CATEGORIES BASED UPON THE CATEGORIES IN WHICH THEY ARE REGISTERED WITH THE COMMISSION. THESE CATEGORIES INCLUDE CONTRACT MARKETS; FUTURES COMMISSION MERCHANTS AND LEVERAGED TRANSACTION MERCHANTS; INTRODUCING BROKERS; AND COMMODITY POOL OPERATORS AND COMMODITY TRADING ADVISORS. |
| Members or Stockholders Who May Elect | Form 990, Part VI, Line 7a | Election Process: Because NFA's Directors have staggered terms of office, NFA elects a portion of NFA's Board on the third Tuesday in January. Prior to October 15th preceding the election, NFA's Secretary provides to all Members the names of the elected Directors whose terms will expire at the Annual Election and requests the submission to NFA's Nominating Committee of the names of eligible persons to fill those positions. Before the November 20th preceding the election, the Nominating Committee submits to the Secretary its list of nominees for the elected Board positions, which names the Secretary then provides to the Members. Within 21 days of this notification, additional nominations may be made by petition signed by at least 50 Members in the category for which the nominating petition is being filed. After the expiration of the 21-day period, the Secretary provides the Members with the names of all of the nominees. In the event of a contested election in any of the FCM and LTM; IB; or CPO and CTA categories, the Secretary sends written ballots to all Members in that category by December 15. Promptly after the December 31st preceding the election, the Secretary notifies the contract market Members that will be represented on the Board during the current calendar year. If an election is necessary to choose a contract market Member representative (refer to Board composition board description below) the Secretary requests the contract market Members eligible to vote to nominate eligible persons to represent such contract market Members. In the event of a contested election in the contract market category, the Secretary shall cause written ballots to be sent to all contract market Members eligible to vote by January 10. The election results are announced at the Board's Annual meeting held the third Thursday in February and the Directors take their place on the Board. At the Annual Meeting, the Board elects the Public Representatives from nominees made by the Members which the Secretary solicits in advance. Board Composition: The composition of NFA's Board of Directors is - Contract Market Representatives: If there are four or fewer contract market Members having annual transaction volume during the prior calendar year of more than 1,000,000, then one representative of each such contract market Member. If there are more than four contract market Members with annual transaction volume during the prior calendar year of more than 1,000,000, then (a) one representative of each contract market Member ranked in the top three contract market Members based on annual transaction volume during the prior calendar year and one representative of the remaining contract market Members with annual transaction volume during the prior calendar year of more than 1,000,000. Futures Commission Merchant, Leverage Transaction Merchant and Introducing Broker Representatives: Eight representatives of Commission registered Futures Commission Merchant ("FCM") Members, including at least two (2) representatives of FCMs ranked in the top ten FCMs and at least two (2) representatives of FCMs and Commission registered Leverage Transaction Merchant ("LTM") Members not ranked in the top ten FCMs; one representative of Commission registered Introducing Broker ("IB") Member required to maintain minimum adjusted net capital; and one representative of IBs not required to maintain minimum adjusted net capital. Commodity Pool Operator and Commodity Trading Advisor Representatives: Four representatives of Commission registered Commodity Pool Operator ("CPO") Commission Merchant ("FCM") Members, including at least two (2) representatives of FCMs ranked in the top ten FCMs and at least two (2) representatives of FCMs and Commission registered Leverage Transaction Merchant ("LTM") Members not ranked in the top ten FCMs; one representative of Commission registered Introducing Broker ("IB") Members required to maintain minimum adjusted net capital; and one representative of IBs not required to maintain minimum adjusted net capital. Commodity Pool Operator and Commodity Trading Advisor Representatives: Four representatives of Commission registered Commodity Pool Operator ("CPO") Members and Commission registered commodity trading advisor ("CTA") Members, including at least two (2) representatives of CPOs or CTAs that rank within the top 20 percent of CPOs or CTAs with funds under management allocated to futures. Public Representatives: Nine individuals who are Public Representatives. In fiscal 2013 NFA anticipates it will have new categories of membership - swap dealers and major swap participants. This will result in a change in the composition of NFA's Board of Directors and committees. Refer to http://www.futures.org/NFA-swaps-information/index.html for more details. |
| Decisions Subject to Approval | Form 990, Part VI, Line 7b | A CHANGE IN NFA'S ARTICLES OF INCORPORATION ("ARTICLES") REQUIRES APPROVAL BY A MAJORITY OF THOSE VOTING IN EACH MEMBERSHIP CATEGORY. REFER TO SCHEDULE O DESCRIPTION OF PART VI QUESTION #6 FOR A DESCRIPTION OF THE MEMBERSHIP CATEGORIES. |
| Form 990 Review Process | Form 990, Part VI, Line 11b | PRIOR TO FILING THE FORM 990 IT IS REVIEWED AND APPROVED BY NFA'S AUDIT COMMITTEE (THREE MEMBERS). THE REVIEW INVOLVES AN IN-DEPTH PRESENTATION BY NFA STAFF TO THE COMMITTEE. THE COMMITTEE WILL ALSO REVIEW THE OVERALL ACCURACY AND COMPLETENESS OF THE 990. PRIOR TO FILING THE FORM 990, THE DRAFT RETURN IS ALSO PROVIDED TO THE REMAINING VOTING MEMBERS OF NFA'S GOVERNING BODY. THEY WILL REVIEW THE DRAFT RETURN FOR OVERALL ACCURACY AND COMPLETENESS. NFA'S COO WILL ALSO REVIEW THE 990 FOR OVERALL ACCURACY AND COMPLETENESS PRIOR TO FILING. |
| Conflict of Interest Policy Monitoring & Enforcement | Form 990, Part VI, Line 12c | AT NFA'S BOARD OF DIRECTORS ANNUAL MEETING, NFA'S GENERAL COUNSEL PRESENTS IN WRITING NFA'S POLICY AND PROCEDURE ON CONFLICTS AND DUALITIES OF INTEREST ("POLICY"). EACH DIRECTOR IS SUBSEQUENTLY REQUIRED TO SIGN A WRITTEN STATEMENT THAT LISTS ANY AFFILIATION MAY GIVE RISE TO POTENTIAL CONFLICTS AND DUALITIES OF INTEREST UNDER THE POLICY. THE WRITTEN STATEMENT ALSO ACKNOWLEDGES THAT THE DIRECTOR HAS RECEIVED, READ AND UNDERSTOOD AND AGREES TO ABIDE BY NFA'S POLICY; AND THAT THE DIRECTOR WILL DISCLOSE, AS IT OCCURS, ANY AFFILIATION THAT MAY GIVE RISE TO A CONFLICT OR DUALITY OF INTEREST UNDER THE POLICY. NFA STAFF REVIEWS AND MAINTAINS THESE WRITTEN STATEMENTS AND REFERS TO THEM AS MATTERS UPON WHICH THE BOARD ACTS ARISE. IF ANY DIRECTOR HAS AN AFFILIATION THAT MAY GIVE RISE TO A CONFLICT OR DUALITY OF INTEREST UNDER THE POLICY IN CONNECTION WITH A MATTER COMING BEFORE THE BOARD, NFA'S GENERAL COUNSEL BRINGS THE AFFILIATION TO THE BOARD'S ATTENTION IN THE EVENT THAT THE DIRECTOR DOES NOT. |
| Process for Determining Compensation | Form 990, Part VI, Line 15a & 15B | The Compensation committee is comprised of three voting members of the board. For all officers except the CEO, the CEO will collaborate with the compensation committee to determine the remaining officers' compensation. The CEO and the compensation committee will discuss each officer's contribution to the organization; they will review comparable market data provided by NFA's human resource department and deliberate final compensation decisions which are substantiated. The same method as described above is used in determining the CEO's compensation only the CEO is not part of the process. Annually, the compensation committee recommends compensation for the officers to the executive committee to review and approve. The executive committee recommends compensation for the officers to the board of directors. All voting members of the governing body have then reviewed officer compensation. Final approval of the compensation is by majority vote of each committee and the board. The organization contemporaneously documents and maintains recordkeeping for deliberations and decisions regarding the compensation arrangements of the officers. |
| How Documents are Made Available to the Public | Form 990, Part VI, Line 19 | THE ORGANIZATION MAKES ITS ARTICLES OF INCORPORATION, BYLAWS, AND FINANCIAL STATEMENTS AVAILABLE ON ITS WEBSITE OR UPON WRITTEN REQUEST. CONFLICTS OF INTEREST POLICY AVAILABLE UPON REQUEST. |
| Other Changes in Net Assets | Form 990 - Part XI, Question 5 | The difference in net assets relates to the unrealized loss of $226,643. |
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