TMS Capital Ltd.
CME RULE VIOLATIONS:
538.H. Documentation (LEGACY)
Parties to any EFRP transaction must maintain all documents relevant to the Exchange contract and the cash, OTC swap, OTC option, or other OTC derivative, including all documents customarily generated in accordance with relevant market practices and any documents reflecting payment and transfer of title. Any such documents must be provided to the Exchange upon request, and it shall be the responsibility of the carrying clearing member firm to provide such requested documentation on a timely basis.
Pursuant to an offer of settlement in which TMS Capital Ltd. (“TMS”) neither admitted nor denied the rule violations upon which the penalty is based, on December 15, 2015, a Panel of the Chicago Mercantile Exchange Business Conduct Committee (“Panel or BCC”) found that it has jurisdiction over TMS pursuant to Rules 402 and 418, and that on August 5, 2013 and November 11, 2013, TMS entered into transitory EFRP transactions in CME foreign exchange (“FX”) products that did not contain documentation of the corresponding cash positions and, thus, were not bona fide EFRP transactions.
The Panel concluded that TMS thereby violated CME Rule 538.H.
In accordance with the settlement offer, the Panel ordered TMS to pay a fine of $15,000.
December 17, 2015
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