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NFA Expands its Authority over Cryptocurrencies

By Jeffry M. Henderson, Douglas E. Arend & Greenberg Traurig, LLP on June 29, 2023
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National Futures Association (NFA) is the self-regulatory organization for the U.S. futures and derivatives industry and derives its authority as a registered futures association by designation from the Commodity Futures Trading Commission (CFTC). On March 29, 2023, NFA adopted Compliance Rule 2-51 (Rule 2-51), which took effect May 31, 2023. Rule 2-51 expands the scope of NFA’s authority over NFA members (Members) and associate members (Associates) engaging in spot or cash transactions in “digital asset commodities.”

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Photo of Jeffry M. Henderson Jeffry M. Henderson

Jeff Henderson, a former general counsel for a publicly traded futures commission merchant, has deep futures and derivatives industry experience. He focuses his practice on a variety of complex compliance, regulatory, investigation, litigation, and managed fund matters. This representation regularly involves futures, derivatives…

Jeff Henderson, a former general counsel for a publicly traded futures commission merchant, has deep futures and derivatives industry experience. He focuses his practice on a variety of complex compliance, regulatory, investigation, litigation, and managed fund matters. This representation regularly involves futures, derivatives, swaps, forex, securities, cryptocurrency, binary options and prediction markets. He represents and advises a broad range of clients, including futures commission merchants, broker-dealers, investment advisers, commodity trading advisers, introducing brokers, forex trading firms, commodity pool operators, and hedge fund managers. He also provides counsel to a variety of industry participants, including traditional proprietary trading firms and exempt investment managers regarding disclosure matters and compliance obligations and regulatory and enforcement matters. Jeff also has significant experience advising funded-trader proprietary trading firms regarding a wide variety of structuring and regulatory matters. He is also regularly involved in defending members and member firms before CFTC, NFA, SEC and FINRA. His experience includes regulatory matters involving designated contract markets (DCM) and derivatives clearing organizations (DCO), particularly in the area of prediction markets offering event contracts, as well as currently serving as a public director and member of the Regulatory Oversight Committee for a U.S.-based DCM and a DCO involved in prediction markets.

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Photo of Douglas E. Arend Douglas E. Arend

Doug Arend focuses his practice on commodity futures, derivatives and securities, with an emphasis on managed funds. He represents registered and exempt investment advisers, commodity pools and hedge funds, traditional proprietary trading firms, introducing brokers, futures commission merchants and broker-dealers. Doug has significant…

Doug Arend focuses his practice on commodity futures, derivatives and securities, with an emphasis on managed funds. He represents registered and exempt investment advisers, commodity pools and hedge funds, traditional proprietary trading firms, introducing brokers, futures commission merchants and broker-dealers. Doug has significant experience advising funded-trader proprietary trading firms regarding a wide variety of structuring and regulatory matters. He concentrates on complex transactional and regulatory matters, including public and private offerings, fund formation, business structuring, registration and compliance. His experience includes regulatory matters involving designated contract markets and derivatives clearing organizations, particularly in the area of prediction markets offering event contracts.

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  • Posted in:
    Banking, Finance and Securities
  • Blog:
    Overheard on the Block(chain)
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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