17 CFR § 5.16 - Prohibition of guarantees against loss.

---
identifier: "/us/cfr/t17/s5.16"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "17 CFR § 5.16 - Prohibition of guarantees against loss."
title_number: 17
title_name: "Commodity and Securities Exchanges"
section_number: "5.16"
section_name: "Prohibition of guarantees against loss."
chapter_name: "COMMODITY FUTURES TRADING COMMISSION"
part_number: "5"
part_name: "OFF-EXCHANGE FOREIGN CURRENCY TRANSACTIONS"
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, 6b, 6c, 6d, 6e, 6f, 6g, 6h, 6i, 6k, 6m, 6n, 6o, 8, 9, 9a, 12, 12a, 13b, 13c, 16a, 18, 19, 21, and 23."
regulatory_source: "75 FR 55432, Sept. 10, 2010, unless otherwise noted."
cfr_part: "5"
---


# 5.16 Prohibition of guarantees against loss.

(a) No retail foreign exchange dealer, futures commission merchant or introducing broker may in any way represent that it will, with respect to any retail foreign exchange transaction in any account carried by a retail foreign exchange dealer or futures commission merchant for or on behalf of any person:

(1) Guarantee such person against loss;

(2) Limit the loss of such person; or

(3) Not call for or attempt to collect security deposits, margin, or other deposits as established for retail forex customers.

(b) No person may in any way represent that a retail foreign exchange dealer, futures commission merchant or introducing broker will engage in any of the acts or practices described in paragraph (a) of this section.

(c) This section shall not be construed to prevent a retail foreign exchange dealer, futures commission merchant or introducing broker from assuming or sharing in the losses resulting from an error or mishandling of an order.

(d) This section shall not affect any guarantee entered into prior to October 18, 2010, but this section shall apply to any extension, modification or renewal thereof entered into after such date.