Page:United States Statutes at Large Volume 106 Part 4.djvu/883

 PUBLIC LAW 102-546—(Xrr. 28, 1992 106 STAT. 3619 "(B) Prior to the suspension or modification of the registration of a person under this paragraph, the person shall be afiforded an opportunity for a hearing at which the Commission shall have the burden of showing tnat the continued registration of the person does, or is likely to, pose a threat to the public interest or threaten to impair public confidence in any market regulated by the Commission. "(C) Any notice of suspension or modification issued under this paragraph shall remain in effect until such information, indictment, or complaint is disposed of or until terminated by the Commission. "(D) On disposition of such information, indictment, or complaint, the Commission may issue and serve on such person an order pursuant to paragraph (2) or (4) to suspend, restrict, or revoke the registration or such person. "(E) A fincUng of not guilty or other disposition of the charge shall not preclude the Commission from thereafter instituting any other proceedings under this Act. "(F) A person aggrieved by an order issued under this paragraph may obtain review of such order in the same manner and on the same terms and conditions as are provided in section 60)).". SEC. 228. APPEALS BY REGISTERED FUTURES ASSOCIATIONS. Section 17(i)(4) (7 U.S.C. 21(i)(4)) is amended by striking "(other than a registered futures association)." SEC. 229. RISK ASSESSMENT FOR HOLDING COMPANY SYSTEMS. Section 4f (7 U.S.C. 6f) (as amended by section 207(b)(l) of this Act) is further amended— (1) by redesignating paragraphs (1) and (2) as subsections (a) and (b), respectively; (2) in subsection (b) (as so redesignated), by striking "this paragraph (2)" and inserting "this subsection"; and (3) by adding at the end the following new subsection: "(c)(l) As used in mis subsection: "(i) The term 'affiliated person' means any person directly or indirectly controlling, controlled by, or under common control with a futures commission merchant, as the Commission, by rule or regulation, may determine will effectuate the purposes of this subsection. "(ii) The term 'Federal banking agency* shall have the same meaning as the term 'appropriate Federal banking agencr/ in section 3(qj of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)). "(2)(A) Each re^stered futures commission merchant shall Records. obtain such information and make and keep such records as the Commission, by rule or regulation, prescribes concerning the registered futures commission merchant's policies, procedures, or systems for monitoring and controlling financial and operational risks to it resulting from the activities of any of its affiliated persons, other theui a natural person. "(B) The records required under subparagraph (A) shall describe, in the aggregate, each of the futures and other financial activities conducted by, and the customary sources of capitel and funding of, those of its affiliated persons whose business activities are reasonably likely to have a material impact on the financial or operational condition of the futures commission merchant, includ-

�