Non-Professional shall mean and include either (i) an individual, natural person Subscriber(s) who, or (ii) certain small business entities (limited liability companies, partnerships, trusts or corporations) that, receive and use Information (excluding any pit traded data), in each case subject to the following restrictions:
The Non-Professional Subscriber
(a) the Subscriber must have an active futures trading account;
(b) the Subscriber must not be a member (or hold or lease any type membership) of any exchange;
(c) the Subscriber does not have a primary business purpose that involves trading;
(d) the Subscriber must not be registered or qualified as a professional trader or investment adviser
with any stock, commodities or futures exchange or contract market, or with any regulatory
authority, professional association or recognized professional body; and
(e) the Subscriber must not be affiliated with any entity that is or may be considered a Professional
User;
According to this section, this applies to both individuals and entities. That's the interpretation detailed when I called.
You can interpret "c" how you want. I believe that if you are not receiving a W2 or 1099 or K1, you are an investor and not running a trading business. I'm happy to discuss tomorrow over the phone if you PM me you contact info. This is my interpretation.
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