§ 6g. — Reporting and recordkeeping.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC6g]
TITLE 7--AGRICULTURE
CHAPTER 1--COMMODITY EXCHANGES
Sec. 6g. Reporting and recordkeeping
(a) In general
Every person registered hereunder as futures commission merchant,
introducing broker, floor broker, or floor trader shall make such
reports as are required by the Commission regarding the transactions and
positions of such person, and the transactions and positions of the
customer thereof, in commodities for future delivery on any board of
trade in the United States or elsewhere; shall keep books and records
pertaining to such transactions and positions in such form and manner
and for such period as may be required by the Commission; and shall keep
such books and records open to inspection by any representative of the
Commission or the United States Department of Justice.
(b) Daily trading records: registered entities
Every registered entity shall maintain daily trading records. The
daily trading records shall include such information as the Commission
shall prescribe by rule.
(c) Daily trading records: floor brokers, introducing brokers, and
futures commission merchants
Floor brokers, introducing brokers, and futures commission merchants
shall maintain daily trading records for each customer in such manner
and form as to be identifiable with the trades referred to in subsection
(b) of this section.
(d) Daily trading records: form and reports
Daily trading records shall be maintained in a form suitable to the
Commission for such period as may be required by the Commission. Reports
shall be made from the records maintained at such times and at such
places and in such form as the Commission may prescribe by rule, order,
or regulation in order to protect the public interest and the interest
of persons trading in commodity futures.
(e) Disclosure of information
Before the beginning of trading each day, the exchange shall,
insofar as is practicable and under terms and conditions specified by
the Commission, make public the volume of trading on each type of
contract for the previous day and such other information as the
Commission deems necessary in the public interest and prescribes by
rule, order, or regulation.
(f) Authority of Commission to make separate determinations unimpaired
Nothing contained in this section shall be construed to prohibit the
Commission from making separate determinations for different registered
entities when such determinations are warranted in the judgment of the
Commission.
(Sept. 21, 1922, ch. 369, Sec. 4g, as added June 15, 1936, ch. 545,
Sec. 5, 49 Stat. 1496; amended Pub. L. 90-258, Sec. 8, Feb. 19, 1968, 82
Stat. 28; Pub. L. 93-463, title I, Sec. 103(a), (f), title IV, Sec. 415,
Oct. 23, 1974, 88 Stat. 1392, 1415; Pub. L. 95-405, Sec. 6, Sept. 30,
1978, 92 Stat. 869; Pub. L. 97-444, title II, Sec. 209, Jan. 11, 1983,
96 Stat. 2302; Pub. L. 102-546, title II, Sec. 207(b)(1), title IV,
Sec. 402(5), Oct. 28, 1992, 106 Stat. 3604, 3624; Pub. L. 106-554,
Sec. 1(a)(5) [title I, Sec. 123(a)(7)], Dec. 21, 2000, 114 Stat. 2763,
2763A-407.)
Amendments
2000--Subsec. (b). Pub. L. 106-554, Sec. 1(a)(5) [title I,
Sec. 123(a)(7)(A)], substituted ``registered entity'' for
``clearinghouse and contract market''.
Subsec. (f). Pub. L. 106-554, Sec. 1(a)(5) [title I,
Sec. 123(a)(7)(B)], substituted ``registered entities'' for
``clearinghouses, contract markets, and exchanges''.
1992--Subsec. (a). Pub. L. 102-546, Secs. 207(b)(1), 402(5)(A),
redesignated par. (1) as subsec. (a) and substituted ``floor broker, or
floor trader'' for ``or floor broker''.
Subsec. (b). Pub. L. 102-546, Sec. 402(5)(A), redesignated par. (2)
as subsec. (b).
Subsec. (c). Pub. L. 102-546, Sec. 402(5), redesignated par. (3) as
subsec. (c) and substituted ``subsection (b)'' for ``paragraph (2)''.
Subsecs. (d) to (f). Pub. L. 102-546, Sec. 402(5)(A), redesignated
pars. (4) to (6) as subsecs. (d) to (f), respectively.
1983--Par. (1). Pub. L. 97-444, Sec. 209(1), made reporting and
recordkeeping requirements applicable to introducing brokers.
Par. (2). Pub. L. 97-444, Sec. 209(2), made customer daily trading
records requirement applicable to introducing brokers.
1978--Par. (3). Pub. L. 95-405 substituted ``Floor brokers'' for
``Brokers''.
1974--Par. (1). Pub. L. 93-463, Secs. 103(a), (f), 415, designated
existing provisions as par. (1) and substituted ``Commission'' for
``Secretary of Agriculture'' and ``United States Department of
Agriculture''.
Pars. (2) to (6). Pub. L. 93-463, Sec. 415, added pars. (2) to (6).
1968--Pub. L. 90-258 rephrased existing provisions to express
reporting and recordkeeping requirements as a positive obligation of
futures commission merchants and floor brokers, rather than as a ground
for revoking or suspending registration and struck out provisions for
revocation or suspension of registration. See section 9 of this title.
Effective Date of 1992 Amendment
Amendment by section 207(b)(1) of Pub. L. 102-546 effective 180 days
after Oct. 28, 1992, with Commodity Futures Trading Commission to issue
any regulations necessary to implement such amendment no later than 180
days after Oct. 28, 1992, see section 207(c) of Pub. L. 102-546, set out
as a note under section 6e of this title.
Effective Date of 1983 Amendment
Amendment by Pub. L. 97-444 effective Jan. 11, 1983, see section 239
of Pub. L. 97-444, set out as a note under section 2 of this title.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95-405 effective Oct. 1, 1978, see section 28
of Pub. L. 95-405, set out as a note under section 2 of this title.
Effective Date of 1974 Amendment
For effective date of amendment by Pub. L. 93-463 see section 418 of
Pub. L. 93-463, set out as a note under section 2 of this title.
Effective Date of 1968 Amendment
Amendment by Pub. L. 90-258 effective 120 days after Feb. 19, 1968,
see section 28 of Pub. L. 90-258, set out as a note under section 2 of
this title.
Effective Date
For effective date of section, see section 13 of act June 15, 1936,
set out as an Effective Date of 1936 Amendment note under section 1 of
this title.