During the month 25 examinations were closed, 6 of which were BCC matters, and 22 examination reports were issued to Member firms. NFA received and assigned to analysts for review 140 statements during February. NPA also received 6 option submissions for PCMS and IBs. Currently 89 NFA Members are allowed to trade options. NFA's five week Compliance Training Program concluded on March 1, 1985. Participants on the program included one Staff Auditor for our New York office, 10 Staff, 3 Experienced Staff and 1 In-Charge Auditor, for a total of 14 for the Chicago office. These auditors/analysts will be immediately incorporateå into NFA audit financial surveillance and investigations programs. During February the Compliance Department opened 9 Preliminary Inquiries (PIS) into possible NFA rule violations and closed 23 PIS where rule violations were not evident. In addition, three investigations were closed by the issuance of a complaint from a. Business Conduct Committee. NFA made 32 referrals to the CFTC and various states in instances where commodity related activity involving non-NFA Members was detected by NFA staff. Staff has been assisting the California State Authori- ties on commodity cases involving criminal matters. Staff gave a presentation to the San Diego Police Department, the District Attorneys office and the local Federal Authorities on the investigation and prose- cution of commodity cases. Presentations have also been given at the National Association of Attorneys General Conference in Washington and at the FBI Academy. Other activities in February included attending the NASAA Commodity Committee Meetings and the final drafting session for the Model State Commodity Code.
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As of February 28, 1985, NFA has 1,953 Members. Ву primary category, there are 372 FCMS, 526 CPOs, 489 CTAS, 550 IBS, 11 Exchanges, 2 Banks and 3 Commercial
Total Registrations for both firms and individuals are as follows: 421 PCMS; 1,162 CPOs; 2,035 CTAs; 782 IBs; 48,669 APs of FCMs; 486 APs of CPOS; 1,041 APS of CTAS; 2,312 APs of IBS; 15,662 Principals and 4,373 Branch Managers. Registrations granted during the month of February are as follows: 2 PCMS, 12 CPOS, 8 CTAS, 15 Independent IBS, 9 Guaranteed IBS, 549 Associated Persons, 106 Principals and 83 Branch Managers for a total of 78 firms and 738 individuals (not including 418 8S t. isfers). Included in the number of firm registrations were 32 IB renewals. 716 temporary licenses were granted in February and 512 were denied, primarily due to lack of test or certification deficiencies. During the month the Registration/Membership Department received 148 7Rs; 1,345 8Rs; 354 3RS; 494 8Ss; 1,427 8Ts; 88 NFA Membership applications and 1,101 miscellaneous items, for a total of 4,957 pieces of mail.
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The Membership Registration Receivables System (MRRS) is up and running, as it has been for the past two months. The Financial analysis Auditing Compliance Tracking System (FACTS) also has been running very smoothly.
A successful search for a Human Resources package has just been completed. The package is to be installed over the next few months.
Future plans include a search fo: a General Ledger and Accounts Payable system to run on the mainframe computer. When completed, these systems will replace the Accounting system presently running on the micro-computers. The selection process is to begin in April.
Attached for your review are financial statements showing Budget vs. Actual Revenue and Expenditures for the month of January and for the seven months ended
Total volume for the month of January was 14.4 million contracts or 2.1 million greater than budget. This increase more than offsets the decline in public participation we have been experiencing in futures contracts, from a budget of 28% to actual of 26%. Thus, assessment fees for the month of January are approximately $100,000 ahead of budget.
Total volume for the seven months ended January 31 is 90 million contracts or 4.4 million contracts ahead of budget. On a year to date basis, the net effect of increased volume and decreased public participation has produced a slight negative variance from budget. Interest earned was approximately $59,000 in January on an average daily invested balance of $6.3 million, representing a yield of 11%. As of January 31, our membership exceeded 1,900 Members. During January, we received in excess of $ 48,000 in registration fees which is $12,000 ahead of budget. The attached budget vs. actual statement shows total actual administrative and capital expenditures to be under budget by $730,000 for the first seven months of the fiscal year. Significant variances are discusses below:
For the 7 Months Ended
January 31, 1985 Under (Over) Budget
Wages and Related Benefits reflect the fact that we are currently 41 employees under budget. Budget savings are expected to continue in this category until late in fiscal 1985 when we expect to reach a full complement of staff as originally anticipated in the budget.
Travel and Meetings - is under budget due to the number of employees being under budget, some Compliance staff manpower being temporarily shifted to investigatory responsibilities, Compliance staff contributing to the implementation of MRRS and more audits being done in
3. Computer Expenditures is
under budget due to expending more funds in fiscal 1984 for the PACTS system than we in- tended, leaving unexpected funds in the fiscal 1985 bud- get and expending less than anticipated on the lease for
14 th floor mainframe computer. 4. Space and Related Expenditures -
Most of the total variance shown is attributable to originally anticipating that our lease for the 14th floor would begin December 1, 1984, when it actually
began January 1, 1985. 5. Outside Printing and Publications -
is over budget due to greater than anticipated expenditures related to the preparation and printing of the 1984 Annual Review, Registration Guide and NFA Manual.
6.
Outside Consulting and Services - of the total variance shown, $ 192,000 is the result of incurring fees for services related to the registration conversion process. These fees were not anticipated in the budget and are expected to continue through the first quarter of 1985. In addition to this, we are under budget in the area of services for FBI processing.
(116,000) 7. Equipment - is under budget due to
a decision to lease a greater num- ber of terminals instead of pur- chasing them.
57,000
8. Leasehold Improvements - is over
budget as a result of incurring 14th floor construction costs earlier than budgeted. Staff began moving to the 14th floor
9. Purchased software - is under
budget as the budget antici- pate fuli payment for the IBM operating software early in the year. The software is actually being installed on a piecemeal basis with billing to follow at a later date.
10. Depreciation/Amortization - is
over budget as a result of recognizing 100% of actual de- preciation expense based on the asset iives for accounting pur- poses versus the depreciation budget at 60% of actual.
(98,000) 11. Miscellaneous categories which
are comprised of smaller variances both over and under budget.
(3,000) Net variance for the seven months ended January 31, 1985 - Under Budget
$730,000
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During the month of February the Public Affairs and Education Department issued four press releases. The first, dated February 5, announced the development of new compliance rules designed to enhance customer protection. On February 26, a release was distributed detailing NFA's proposed Draft Compliance Rule which governs communications with the public and the use of promotional materials. On the same day a news release was issued concerning NFA's Board of Directors election of officers and Executive Committee. Another release, also dated February 26, announced Leo Melamed's reelection as Chairman of the Board.
The February issues of both "NFA -- News, Facts, Actions" (the membership newsletter) and "Inside NFA" (the in-house newsletter) were distributed this month. Preliminary plans were made for a luncheon and briefing session on the coordinated Campaign Against Commodity fraud to be held Thursday, March 21 in Los Angeles. Among those invited are California consumer leaders, members of the media, educators and enforcement officials. A public relations firm has been retained to schedule a "media tour" for Robert Wilmouth in
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