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Search The Product To Add. Report An Error. Login to Smartprix. Connect with a social network. Q: May the NFA assessment fee on futures transactions be invoiced to customers at the opening of a futures position? The invoicing requirement of Bylaw b does not restrict or prescribe the timing of the invoicing.
Q: Does the assessment fee apply to accounts of persons having "privileges of membership" on a contract market? NFA Bylaw b i makes the NFA assessment fee inapplicable to trades of customers who have "privileges of membership on a contract market where such contract is entered except that this exemption does not apply to transactions by commodity pools operated by NFA Member CPOs. If a commodity pool exempt or non-exempt is operated by an NFA Member and has privileges of membership on a contract market where such contract is entered, then the commodity pool is still required to pay assessment fees.
The assessment fee also applies to an exempt commodity pool operated by a non-Member unless the pool has privileges of membership on a contract market. Q: Does the assessment fee apply to proprietary accounts? A: Generally, accounts belonging to affiliated firms which wholly own, are wholly owned by, or share percent ownership with the FCM are exempt from paying the NFA assessment fee if the transactions are executed on an exchange where the FCM is a member. There are two exceptions to this general rule.
Second, any account where someone other than the exchange member FCM or affiliate makes deposits in the account or bears the risk of loss is subject to the assessment fee. This situation would arise where the originating broker is a foreign broker. The assessment fee applies to trades on domestic exchanges without regard to the nationality or residence of the customer. Q: Does the assessment fee apply to trades of U. A: Generally, yes.
Foreign futures and options are assessed the assessment fee at the same rates applicable to domestic futures and options. There are two exceptions: 1 The "omnibus account" exemption, discussed under Part IV, question 5, applies to foreign futures and options. Q: Does the assessment fee apply to trades of non-U. Trades by non-U. Q: Does an FCM pay an assessment fee on transactions which are merely bookkeeping entries such as those made to correct errors or to transfer a position from the books of one FCM to the books of another?
The term "round-turn" excludes offsets which do not represent an actual transaction but which are merely bookkeeping entries such as those made to correct errors or to transfer a position from the books of one FCM to the books of another. Q: Concerning linked-market transactions, how do NFA assessment fees apply to futures positions executed on a foreign exchange e. A: Any futures transaction that is carried as a CME trade by an FCM Member for the account of a customer except trades which under Bylaw b are not assessable will be subject to an NFA assessment fee upon completion of the round-turn even though one or both sides of the round-turn may have been actually executed on SIMEX.
Most Members will be sent computer-generated invoices to be completed and returned to NFA. Some Members may wish to use manual systems for calculation of the assessment fee and continue to report on the form set forth below as Schedule I.
Members may also wish to refer to Schedules I and II when developing systems to determine the appropriate fee. If you will not be remitting an assessment fee to NFA, for example because your firm clears on a fully disclosed basis through another FCM which is remitting fees on your behalf, please complete the computer-generated invoice or Schedule I showing zero volume and fees and return it to NFA by the due date. Bylaw provides that assessments based upon futures transactions shall be payable to NFA within 30 days after the end of each month for the transactions effected during that month.
This information may be supplied to the CFTC upon its request. Futures Contracts Traded On U. Exchanges Total 1.
Total U. Total assessment fees due on futures contracts traded on U. Exchanges Line 1 less Lines The following are instructions for completion of the worksheet. Line 1: Total U. You must include all transactions on a domestic exchange.
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You should exclude all transactions placed through another FCM on a fully disclosed basis for which the clearing FCM has collected and remitted the assessment fee to NFA. Line 2: Round-turns of customers having "privileges of membership" on exchange where contract is executed -List the number of round-turn transactions for which the account holder was charged a member fee by the domestic exchange.
Line 5: Round-turns carried in an account owned by a business affiliate of an FCM executed on an exchange of which the FCM is a member -List the number of round-turn transactions not included on Line 2 carried for a business affiliate that directly or indirectly owns percent of or is owned percent by or has percent ownership in common with the FCM. Line 7: Total foreign futures contract round-turns -Provide total round-turn futures transactions closed during the month for U.
Line Assessable volume -This amount is total foreign futures round-turns less exclusions. Line Total U. Line Trades of customers having "privileges of membership" on exchange where contract is executed -List the number of trades for which the account holder was charged a member fee by the domestic exchange. Line Option trades carried in an account owned by a business affiliate of an FCM executed on an exchange of which the FCM is a member -Include all options trades not included on Line 11 for a business affiliate that directly or indirectly owns percent of or is owned percent by or has percent ownership in common with the FCM.
Line Total foreign exchange-traded option trades -Provide total trades purchases or sales, not exercises or expirations in the month for U. Line Assessable volume -This amount is total foreign exchange-traded option trades less exclusions. Line Total NFA assessment fee -This is the sum of the futures, exchange-traded option and dealer option Assessment Fees as listed in Lines 6, 10, 16 and The individual or firm requesting the waiver must provide a written description of the facts which qualify the individual for a waiver. The Director of Compliance's decision will be final.
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The Director of Compliance is authorized to waive the Series 3 examination in either of the following situations: 1. The CPO or the commodity pool is subject to regulation by a federal or state regulator e. The individual requesting the waiver is a general partner of a CPO or of a commodity pool which is primarily involved with securities investments; there is at least one registered general partner of the CPO or pool who has taken and passed the Series 3 examination; and the individual requesting the waiver is not involved in soliciting or accepting pool participations, trading futures or options on futures, handling customer funds, supervising any of the above activities or engaging in any other activity that is integral to the operation of the fund as a pool.
Similarly, NFA Compliance Rule e places a continuing responsibility on every FDM to diligently supervise its employees and agents in all aspects of their forex activities. NFA recognizes that given the differences in the size and complexity of Member firm operations, Members must be given some degree of flexibility in determining what constitutes diligent supervision. As in all areas of supervision, NFA expects that Member firm supervisory programs over branch offices and guaranteed IBs will vary and it is NFA's policy to provide firms with flexibility to develop and implement policies and procedures for supervising branch offices and guaranteed IBs that are tailored to the operations of the particular Member firm.
Nevertheless, NFA's Board of Directors previously determined and continues to believe that NFA should provide Member firms with specific guidance and minimum standards related to the supervision of branch offices and guaranteed IBs.