I really don't understand the reason for requiring CTAs to have a capital requirement. Is it for liability insurance in case of civil suits and/or to pay for a govt(CFTC, NFA) managed restitution fund? I would understand that but its obvious that they (NFA) is not being specific enough on how the proposed capital requirements would deter CTA/CPO s from committing violations.
1st time you misuse or mishandle client funds.....you're DONE !! You pay back restitution and you are banned from the industry ....FOREVER
I do think that CTAs and CPOs should be required to have an independant 3rd party(administrator) to verify the books on a quarterly or semi annual(every 6 months) basis if they are in control of greater than $25K in client funds under the firm's control. On this note, I think CTAs/CPOs should be exempt from the capital requirements AND third party "overseeing" IF they trade managed client accounts thru ONE SOLE BROKER. For example: I manage my client accts thru one sole broker..,,,,my broker handles all my client's daily/monthly/yearly accounting resposibilities.......effectively and conveniently keeping me out of the "client funds handling" loop.
.....my 2 cents