Page:United States Statutes at Large Volume 114 Part 5.djvu/426

 114 STAT. 2763A-386 PUBLIC LAW 106-554—APPENDIX E "(A) the terms and conditions of the contracts of the contract market; and "(B) the mechanisms for executing transactions on or through the facilities of the contract market. " (8) DAILY PUBLICATION OF TRADING INFORMATION.—The board of trade shall make public daily information on settlement prices, volume, open interest, and opening and closing ranges for actively traded contracts on the contract market. "(9) EXECUTION OF TRANSACTIONS. — The board of trade shall provide a competitive, open, and efficient market and mechanism for executing transactions. "(10) TRADE INFORMATION. —The board of trade shall maintain rules and procedures to provide for the recording and safe storage of all identifying trade information in a manner that enables the contract market to use the information for purposes of assisting in the prevention of customer and market abuses and providing evidence of any violations of the rules of the contract market. "(11) FINANCIAL INTEGRITY OF CONTRACTS. —The board of trade shall establish and enforce rules providing for the financial integrity of any contracts traded on the contract market (including the clearance and settlement of the transactions with a derivatives clearing organization), and rules to ensure the financial integrity of any futures commission merchants and introducing brokers and the protection of customer funds. "(12) PROTECTION OF MARKET PARTICIPANTS.—The board of trade shall establish and enforce rules to protect market participants from abusive practices committed by any party acting as an agent for the participants. "(13) DISPUTE RESOLUTION.—The board of trade shall establish and enforce rules regarding and provide facilities for alternative dispute resolution as appropriate for market participants and any market intermediaries. "(14) GOVERNANCE FITNESS STANDARDS. — The board of trade shall establish and enforce appropriate fitness standards for directors, members of any disciplinary committee, members of the contract market, and any other persons with direct access to the facility (including any parties affiliated with any of the persons described in this paragraph). "(15) CONFLICTS OF INTEREST.— The board of trade shall establish and enforce rules to minimize conflicts of interest in the decisionmaking process of the contract market and establish a process for resolving such conflicts of interest. " (16) COMPOSITION OF BOARDS OF MUTUALLY OWNED CON- TRACT MARKETS.— In the case of a mutually owned contract market, the board of trade shall ensure that the composition of the governing board reflects market participants. "(17) RECORDKEEPING.—The board of trade shall maintain records of all activities related to the business of the contract market in a form and manner acceptable to the Commission for a period of 5 years. "(18) ANTITRUST CONSIDERATIONS.— Unless necessary or appropriate to achieve the purposes of this Act, the board of trade shall endeavor to avoid— "(A) adopting any rules or taking any actions that result in any unreasonable restraints of trade; or

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