1. Controlling the Future A look into governing the Futures Market Russ Deboodt BA 543 May 18, 2011

2.  Governing Futures before 1974  3 levels of control  Commodity Futures Trading Commission  National Futures Association, U.S. Commodity Exchanges, Clearing Organizations  Floor Level Controls (the pit)  Conclusion Topics

3. 1848:Chicago Board of Trade (CBOT) is founded as a cash market for grain 1859:The birth of the “Futures Trading” for corn, wheat, and oats at CBOT 1865:Formal trading rules are created at CBOT governing margin and delivery procedures 1868:Cutting “Corners” 1880’s: Congress steps in 1883:First clearing organization is created at CBOT 1921:The Future Trading Act 1922:The Grain Futures Act 1923:Each clearing member is required to report the position of every large trader on a daily business 1936:The Commodity Exchange Act 1938:The Commodity Exchange Commission promulgates the first Federal speculative position limits for futures contracts in grains 1963:The Great Salad Oil Swindle 1974:The Commodity Futures Trading Commission Act Pre 1974

4. “The CFTC's mission is to protect market users and the public from fraud, manipulation, abusive practices and systemic risk related to derivatives that are subject to the Commodity Exchange Act, and to foster open, competitive, and financially sound markets.” Commodity Futures Trading Commission

5.  Independent Agency  Consists of five Commissioners appointed by the President  No more than 3 may be from the same political party  Serve Staggered 5 years terms  Co-locates near exchanges to increase oversight Commodity and Futures Trading Commission

6.  Division of Enforcement  Investigates and prosecutes alleged violations  Division of Market Oversight  Foster markets that accurately reflect the forces of supply and demand  Oversees trade execution facilities  Performs market surveillance Divisions within CFTC

8.  Office of the General Counsel  Represents Commission in litigation and bankruptcy hearings  Advises Commission on application and interpretation of the CEA and administrative statutes  Division of Clearing and Intermediary Oversight  Oversees compliance of the self regulatory agencies which include:  National Futures Association  U.S. Commodity Exchanges  Derivatives clearing organizations Divisions within CFTC

9.  Created under the CFTC  Designed to protect the public  Regulates every firm or individual who conducts futures trading business with public customers (Futures Commission Merchant)  Membership in NFA is mandatory  Serve as a "one-stop" background check from government and self-regulatory sources about the disciplinary history and other background of 150,000 individuals and 10,000 firms that either are now or have been involved in the futures industry. National Futures Association

10.  Designated contract markets (DCMs)  Allow access to all types of investors  May list futures and options contracts for all commodities  CBOT, CME, COMEX, KCBT  Derivatives transaction execution facilities (DTEFs)  Limit access and have lower level of regulation U.S. Commodity Exchanges

11.  Exempt Boards of Trade  Restricts transactions to eligible contract participants and commodities  CME Alternative Marketplace, Inc. and Swapstream Operating Services Ltd (cleared by CME)  Exempt Commercial Markets  Limit trading to principal-to-principal transactions between eligible commercial entities in exempt commodities  WorldPulp.com, EOXLive  Responsible for visually observing trades and have the primary responsibility for ensuring market participants are adhering to rules and regulations  Backroom audits and matching trades U.S. Commodity Exchanges

12. “A derivatives clearing organization (DCO) is a clearinghouse, clearing association, clearing corporation, or similar entity that enables each party to an agreement, contract, or transaction to substitute, through novation or otherwise, the credit of the DCO for the credit of the parties; arranges or provides, on a multilateral basis, for the settlement or netting of obligations; or otherwise provides clearing services or arrangements that mutualize or transfer credit risk among participants.” Clearing Organizations Futures Both buyer and seller are obligated to perform Clearing organization acts as both the seller and buyer Individual Exchanges CME Group Combination of the CME, CBOT, and NYMEX Provides services to other exchanges for a fee Options Option buyer has the right but not the obligation to perform The option writer (seller) is obligated if buyer exercises the right Options Clearing Organization National Corporation Provides clearing services to 14 exchanges vs.

13.  Self regulating  Members themselves oversee floor operations and conduct in each pit  Pit members do not want a poor reputation  A look into the pit A look into the pit Regulating the Pit

14.  3 tier governing system  CFTC and the NFA  Set broad overarching regulations and perform audits on individual members who trade with the public  U.S. Commodity Exchanges  Primary enforcers of futures and options regulations  Backroom audits  Clearing houses  Self regulating pits Conclusion

15. Questions?