Session 5: The NFA Audit Process Moderator: Regina Thoele, NFA Panelists: Larry Block, Kenmar Group Joseph Picone, NFA Lennox Compass, NFA

Risk-Based Audit Selection Concerns noted during a review of the firm’s promotional materials, disclosure documents and/or financial statements Funds under management or degree of leverage Customer complaints Referrals NFA receives from other agencies Time since registration or last audit

How to Prepare for an NFA Audit Self-Examination Checklist First step toward a successful NFA audit General operations checklist Supplemental checklists for FCMs, IBs, CPOs and CTAs Signed attestation required If you have questions, contact NFA at (800)

Other Available Resources Publication: NFA Regulatory Requirements for FCMs, IBs, CPOs and CTAs NFA Podcast (10 minutes) and Web Seminar (one hour): “Preparing for an NFA Audit” NFA Podcast (10 minutes): “Registration Issues – Principals, APs and Branch Offices Appendices to Self-Exam Checklist: AML, ethics training, privacy policy, disaster recovery

NFA Audit Process Pre-exam –Planning Interview –Initial Record Request Fieldwork –Opening and Exit Interviews –Document Review/Testing –Additional Record Requests Completion of Audit –Report –Corrective Action

Areas of Focus

Registration of APs, Principals, Other Firms Promotional Material Disclosure and Performance Reporting Account Opening Trading Bunched Orders Supervision Handling of Pool Funds Financial Reporting

CPO Audits: New Areas of Focus Valuation Policies - Reasonableness - Conflicts of Interest - Disclosure - Exception Reports - FAS 157 Hierarchy

CPO Audits: New Areas of Focus Side Letters/Preferred Redemptions - Compliance with Lock-Up or Gate Provisions - Disclosure - Just and Equitable Principles

CPO Audits: New Areas of Focus Side Pocket Investments - Reasonableness of the Classification - Valuation Strategy Promotion - Due Diligence Process - Multi-Advisor - Fund-of-Funds

Common Audit Deficiencies

Registration Unlisted principals Unregistered Associated Persons Failing to update registration records Bylaw 1101

Bylaw 1101: Due Diligence Does the account appear to require registration? If not, why not (exemption, offshore) If yes, why and is it registered? Is the pool operator an NFA member?

Bylaw 1101: Where to look BASIC Part 4 Exemption Look-Up in ORS and BASIC Ask firm for copy of exemption In all cases, document findings

Disclosure Documents Operations inconsistent with disclosure –Fees –Redemptions –Trading Strategy All required performance not disclosed Performance capsule information inaccurate –Number of accounts –Total assets under management

Bunched Orders Procedures for allocating split fills or partial fills CTA must conduct a quarterly review of accounts to ensure that bunched orders are allocated in a non-preferential manner

Pool Financial Reporting Incomplete account statements Information only included for the individual pool participant Statements must include information for the pool in its entirety Statements do not properly itemize all required information -Additions/Withdrawals -NAV per unit

Pool Financial Reporting Required information beneath the oath on each account statement: The name of the individual signing the account statement The capacity in which he or she is signing The name of the commodity pool operator for whom he or she is signing The name of the commodity pool for which the statement is being distributed

Performance No supporting worksheets Inappropriate use of composite performance capsules Details covered during Session 2

Other Items Distribute a privacy policy to its customers upon establishing the relationship and on an annual basis Attend ethics training within the time period established in firm’s procedures Review/test disaster recovery plan at least annually Complete Self-Exam Checklist annually

Disciplinary Actions against CPOs and CTAs

General Pool Fraud Paul Greenwood and Stephen Walsh (09-MRA-002) Raleigh Capital (09-MRA-006) M25 and M37 (09-MRA-004) IAG Capital Management (10-MRA-002)

Regulatory Response Prohibition on Pools loaning money to the CPO or an affiliate Effective October 1, 2009 Pre-existing Loans

Pending Matters CTA Performance –Unreported accounts –Overstated Rates of Return Misappropriation of Pool Funds –False information to NFA –Comingling pool funds –Inadequate disclosure

Session 5: The NFA Audit Process Panelists: Roxanne Bennett, Price Asset Management Jennifer Sunu, NFA Matt Pendell, NFA