---------------------- Forwarded by John Arnold/HOU/ECT on 05/10/2001 08:18 
AM ---------------------------


SOblander@carrfut.com on 05/10/2001 07:50:19 AM
To: soblander@carrfut.com
cc:  
Subject: (01-154) Implementation of New NYMEX Rule 9.11A (Give-Up Trades) 
IMPORTANT MEMO



Notice # 01-154
May 7, 2001

TO:
All NYMEX Division Members and Member Firms

FROM:
Neal L. Wolkoff, Executive Vice President

RE:
Implementation of New NYMEX Rule 9.11A ("Give-Up Trades")

DATE:
May 7, 2001
===========================================================
Please be advised that beginning on the trade date of Friday, June 1, 2001,
new NYMEX Rule 9.11A ("Give-Up Trades") will go into effect.

!    In the absence of an applicable give-up agreement, new Rule 9.11A will
define the respective responsibilities/obligations to an order of executing
brokers, customers and Clearing Members.

!    The term "executing broker" as used in Rule 9.11A refers to the
registered billing entity, Member Firm or Floor Broker to whom the order is
transmitted.

!    Rule 9.11 will provide that, in the absence of an applicable give-up
agreement, a Clearing Member may reject a trade only if: (1) the trade
exceeds trading limits established by the Clearing Member for that customer
that have been communicated to the executing broker as provided by the rule
or (2) the trade is an error for which the executing broker is responsible.

!    The new rule also places affirmative obligations on executing brokers
to confirm Clearing Member authorization for an account.  For example,
prior to an executing broker accepting and executing an initial order for
any new customer account, such executing broker must confirm with the
Clearing Member by telephonic, electronic or written means, that:
(a)  the customer has a valid account with the Clearing Member;
(b)  the account number;
(c)  the brokerage rate;
(d)  the customer is authorized by the Clearing Member to place orders with
the executing broker for that account; and
(e)  a listing or summary of persons authorized to place orders for that
account.
Moreover, the executing broker must retain a copy of the authorization or
the specifics of the telephonic confirmation, which includes: opposite
party, date, time, and any other relevant information.  The Compliance
Department will conduct periodic audits of such records, and falsification
of such information shall be the basis for disciplinary action.


If you have any questions concerning this new rule, please contact Bernard
Purta, Senior Vice President, Regulatory Affairs and Operations, at (212)
299- 2380; Thomas LaSala, Vice President, NYMEX Compliance Department, at
(212) 299-2897; or Arthur McCoy, Vice President, Financial Surveillance
Section, NYMEX Compliance Department, at (212) 299-2928,

NEW RULE 9.11A ("Give-Up Trades")

(Entire rule is new.)

Rule 9.11A     Give-Up Trades

In the absence of a give-up agreement whose terms and conditions govern the
responsibilities/obligations of executing brokers, customers and Clearing
Members, the following rules shall define the respective
responsibilities/obligations of those parties to an order.  The "executing
broker", as used in this rule, is the registered billing entity, Member
Firm or Floor Broker to whom the order is transmitted.

(A)    Responsibilities/Obligations of Clearing Members

(1). Limits Placed by Clearing Member.   A Clearing Member may, in its
discretion, place trading limits on the trades it will accept for give-up
for a customer's account from an executing broker, provided however, that
the executing broker receives prior written or electronic notice from the
Clearing Member of the trading limits on that account.  Notice must be
received by the executing broker in a timely manner.  A copy of such notice
shall be retained by the Clearing Member.

(2). Trade Rejection.  A Clearing Member may reject ("DK") a trade only if:
(1) the trade exceeds the trading limits established under Section I(A) of
this rule for that customer and it has been communicated to the executing
broker as described in Subsection (A); or (2) the trade is an error for
which the executing broker is responsible.  If a Clearing Member has a
basis for rejecting a trade, and chooses to do so in accordance with the
provisions of Rule 2.21(B), it must notify the executing broker promptly.

(3). Billing.  A Clearing Member will pay all floor brokerage fees incurred
for all transactions executed by the executing broker for the customer and
subsequently accepted by the Clearing Member by means of the ATOM system.
Floor brokerage fees will be agreed upon in advance among the Clearing
Member, customer and the executing broker.

(B)  Responsibilities/Obligations of Executing Brokers

(1)  Customer Order Placement.  An executing broker will be responsible for
determining that all orders are placed or authorized by the customer.  Once
an order has been accepted, a broker or the broker's clerk must:

(a)  confirm the terms of the order with the customer;
(b)  accurately execute the order according to its terms;
(c)  confirm the execution of the order to the customer as soon as
practicable; and
(d)  transmit such executed order to the Clearing Member as soon as
practicable in accordance with Exchange Rules and procedures.

2.   Use of Other Persons.  Unless otherwise agreed in writing, the
executing broker is allowed to use the services of another broker in
connection with the broker's obligations under these rules.  The executing
broker remains responsible to the customer and Clearing Member under these
rules.

3.    Executing Broker Responsibility for Verifying Clearing Member
Authorization.  Prior to a broker accepting and executing an initial order
for any new customer account, the executing broker must confirm with the
Clearing Member by telephonic, electronic or written means, that:
(f)  the customer has a valid account with the Clearing Member;
(g)  the account number;
(h)  the brokerage rate;
(i)  the customer is authorized by the Clearing Member to place orders with
the executing broker for that account; and
(j)  a listing or summary of persons authorized to place orders for that
account.
The executing broker must retain a copy of the authorization or the
specifics of the telephonic confirmation, which includes: opposite party,
date, time, and any other relevant information.  The falsification of such
information shall be the basis for disciplinary action.

4.   Rejection of Customer Order.  Where an executing broker has confirmed
Clearing Member authorization to execute orders on behalf of a customer in
accordance with this Rule 9.11A, the broker may, in the broker's
discretion, reject an order that the customer transmits to the broker for
execution.  The broker shall promptly notify the customer and the Clearing
Member(s) of any such rejection.










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