§ 5.3 Registration of persons engaged in retail forex transactions. ( a ) Subject to paragraph (b) of this section, each of the following is subject to the registration provisions under the Act and to part 3 of this chapter: ( 1 ) ( i ) Any affiliated person of a futures commission merchant, as defined in § 5.1(a) of this part, which affiliated person: ( A ) Solicits or accepts orders from any person that is not an eligible contract participant in connection with any retail forex transaction; or
( B ) Accepts money, securities, or property (or extends credit in lieu thereof) in connection with such solicitation or acceptance of orders in order to engage in any retail forex transaction, is required to register as a retail foreign exchange dealer; and
( ii ) Any associated person of an affiliated person of a futures commission merchant, as defined in § 5.1(c) of this part, is required to register as an associated person of an affiliated person of a futures commission merchant.
( 2 ) ( i ) Any commodity pool operator, as defined in § 5.1(d)(1) of this part, is required to register as a commodity pool operator;
( ii ) Any associated person of a commodity pool operator, as defined in § 5.1(d)(2) of this part, is required to register as an associated person of a commodity pool operator;
( 3 ) ( i ) Any commodity trading advisor, as defined in § 5.1(e)(1) of this part, is required to register as a commodity trading advisor;
( ii ) Any associated person of a commodity trading advisor, as defined in § 5.1(e)(2) of this part, is required to register as an associated person of a commodity trading advisor;
( 4 ) ( i ) Any person registered as a futures commission merchant: ( A ) That is not primarily or substantially engaged in the business activities described in section 1a(28)(A)(i)(I)(aa)(AA) of the Act and section 1a(28)(A)(i)(II) of the Act insofar as that section references the activities described in section 1a(28)(A)(i)(I)(aa)(AA);
( B ) That solicits or accepts orders from any person that is not an eligible contract participant in connection with any retail forex transaction; and
( C ) That accepts money, securities, or property (or extends credit in lieu thereof) in connection with such solicitation or acceptance of orders in order to engage in retail forex transactions, is required to register as a retail foreign exchange dealer;
( ii ) Any associated person of a futures commission merchant described in paragraph (a)(4)(i) of this section is required to register as an associated person of a futures commission merchant;
( 5 ) ( i ) Any introducing broker, as defined in § 5.1(f)(1) of this part, is required to register as an introducing broker;
( ii ) Any associated person of an introducing broker, as defined in § 5.1(f)(2) of this part, is required to register as an associated person of an introducing broker;
( 6 ) ( i ) Any retail foreign exchange dealer, as defined in § 5.1(h)(1) of this part is required to register as a retail foreign exchange dealer;
( ii ) Any associated person of a retail foreign exchange dealer, as defined in § 5.1(h)(2) of this part, is required to register as an associated person of a retail foreign exchange dealer;
( b ) Any person described in paragraph (a) of this section that is already registered in the required capacity specified in paragraph (a) is not required under this section to register twice in the same capacity; Provided, however, that a person already registered as an associated person of one class of registrant may also be required to register as an associated person of another class of registrant in order to comply with this section.
[75 FR 55432, Sept. 10, 2010, as amended at 76 FR 56106, Sept. 12, 2011]