17 CFR § 38.604 - Financial surveillance.

---
identifier: "/us/cfr/t17/s38.604"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "17 CFR § 38.604 - Financial surveillance."
title_number: 17
title_name: "Commodity and Securities Exchanges"
section_number: "38.604"
section_name: "Financial surveillance."
chapter_name: "COMMODITY FUTURES TRADING COMMISSION"
part_number: "38"
part_name: "DESIGNATED CONTRACT MARKETS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "7 U.S.C. 1a, 2, 6, 6a, 6c, 6d, 6e, 6f, 6g, 6i, 6j, 6k, 6l, 6m, 6n, 7, 7a-2, 7b, 7b-1, 7b-3, 8, 9, 15, and 21, as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. 111-203, 124 Stat. 1376."
regulatory_source: "66 FR 42277, Aug. 10, 2001, unless otherwise noted."
cfr_part: "38"
---


# 38.604 Financial surveillance.

A designated contract market must monitor members' compliance with the designated contract market's minimum financial standards and, therefore, must routinely receive and promptly review financial and related information from its members, as well as continuously monitor the positions of members and their customers. A designated contract market must have rules that prescribe minimum capital requirements for member futures commission merchants and introducing brokers. A designated contract market must:

(a) Continually survey the obligations of each futures commission merchant created by the positions of its customers;

(b) As appropriate, compare those obligations to the financial resources of the futures commission merchant; and

(c) Take appropriate steps to use this information to protect customer funds.