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The most basic difference between the two entities is that the SEC regulates the securities market and the CFTC regulates the derivatives market.
Who Must File a Form 40 Every person who holds or controls a reportable position must file a CFTC Form 40, Statement of Reporting Trader. (See section 18.04 of the regulations under the Commodity Exchange Act.) Persons include individuals, associations, partnerships, corporations, and trusts.
The CFTCs red flags rule (17 C.F.R. 162) requires financial institutions and creditors to develop and implement a written identity theft prevention program designed to detect, thwart, and mitigate identity theft in connection with certain existing accounts or the opening of new accounts.
Before working with any person or firm to trade in commodity futures, commodity pools, options, forex, or other derivatives, verify that the entity is properly registered with the CFTC by visitinghttps://.cftc.gov/check .
Intermediaries include: Commodity Trading Advisors (CTAs) Floor Brokers (FBs) Agricultural Trade Option Merchants (ATOMs) Intermediaries are generally required to register with the CFTC.
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Before working with any person or firm to trade in commodity futures, commodity pools, options, forex, or other derivatives, verify that the entity is properly registered with the CFTC. The Commodity Exchange Act requires certain firms and individuals to be registered with the CFTC.
Most of the CFTCs public records are available through the FOIA Compliance Office at CFTC Headquarters (Conventional and Electronic Reading Rooms). A FOIA request is not required to obtain public records.
Check Registration: Verify the companys registration with regulatory bodies. In the US, look up brokers on the SECs EDGAR database () or the FINRA BrokerCheck ().

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