Page:United States Statutes at Large Volume 106 Part 4.djvu/866

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106 STAT. 3602 PUBLIC LAW 102-546—OCT. 28, 1992 "(ii) where appropriate to carry out the purposes of this Act, qualified persons who are not members of the exchange. (C) For purposes of this paragraph, a trading status on a contract market may include, consistent with Commission rules, such categories as (pfloorbrokers and traders; (ii) producers, consumers, processors, distributors, or merchandisers of commodities; (iii) futures commission merchants; and (iv) members of the aforementioned categories who participate in particular contract markets or principal groups of commodities on the board of trade. "(D) If a contract market takes final disciplinary action against a member for a violation that involves the execution of a customer transaction and results in financial harm to such customer, the contract market shall promptly inform the futures commission merchant identified on the records of such contract market as having cleared such transaction, and such futures commission merchant shall promptly inform the person identified on its records as the owner of the account for which such transaction was executed, of the disciplinary action and the principal facts thereof;

    • (16) provide that no member found by the Commission,

a contract market, a registered futures association, or a court of competent jurisdiction to have committed any violation of this Act or any other provision of law that would reflect on the fitness of the member may serve on any contract market oversight or disciplinary panel for an appropriate period (as defined by Commission rule); and". (2) MAJOR DISCIPLINARY RULE VIOLATIONS.—Section 8c (7 U.S.C. 12c) is amended— (A) by redesignating subsections (1) through (4) as subsections (a) through (d); (B) in subsection (a), as so redesignated— (i) by striking "(A)" and inserting "(1)"; and (ii) by striking "(B)" and inserting "(2)*'; (C) in subsection (c), as so redesignated, by striking "subsection (2)" each place it appears and inserting "subsection (b)"; (D) in subsection (d), as so redesignated, by striking "subsection (1)" and inserting "subsection (a)"; and (E) by adding at the end the following: "(e)(1) The Commission shall issue regulations requiring each contract market to establish and make available to the public a schedule of major violations of any rule within the disciplinary jurisdiction of such contract market. "(2) The regulations issued by the Commission pursuant to this subsection shall prohibit, for a period of time to be determined by the Commission, any individual who is found to have committed any msgor violation from service on the governing board of any contract market or registered futures association, or on any disciplinary committee thereof.". (b) REGISTERED FUTURES ASSOCIATIONS.— (1) GOVERNING BOARDS AND DISCIPLINARY COMMITTEES. — Section 17(b) (7 U.S.C. 21(b)) is amended—