Source
(Sept. 21, 1922, ch. 369, § 4, 42 Stat. 999; June 15, 1936, ch. 545, §§ 2,
4, 49 Stat. 1491, 1492; Pub. L. 93–463, title I, § 103(a), (f), Oct. 23, 1974, 88 Stat. 1392; Pub. L. 97–444, title II, § 204, Jan. 11, 1983, 96 Stat. 2299; Pub. L. 102–546, title V, § 502(a), Oct. 28, 1992, 106 Stat. 3629; Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(3)], Dec. 21, 2000, 114 Stat. 2763, 2763A–406.)
References in Text
The Investment Company Act of 1940, referred to in subsec. (c)(3)(D), is title I of act Aug. 22, 1940, ch. 686,
54 Stat. 789, as amended, which is classified generally to subchapter I (§ 80a–1 et seq.) of chapter
2D of Title
15, Commerce and Trade. For complete classification of this Act to the Code, see section
80a–51 of Title
15 and Tables.
The Investment Advisers Act of 1940, referred to in subsec. (c)(3)(G), is title II of act Aug. 22, 1940, ch. 686,
54 Stat. 847, as amended, which is classified generally to subchapter II (§ 80b–1 et seq.) of chapter
2D of Title
15. For complete classification of this Act to the Code, see section
80b–20 of Title
15 and Tables.
The Securities Exchange Act of 1934, referred to in subsec. (c)(3)(I), is act June 6, 1934, ch. 404,
48 Stat. 881, as amended, which is classified principally to chapter 2B (§ 78a et seq.) of Title 15. For complete classification of this Act to the Code, see section
78a of Title
15 and Tables.
Amendments
2000—Subsec. (a)(1).
Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(3)(A)(i)], substituted “designated or registered by the Commission as a contract market or derivatives transaction execution facility for” for “designated by the Commission as a ‘contract market’ for”.
Subsec. (a)(2).
Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(3)(A)(ii)], struck out “member of such” after “by or through a”.
Subsec. (a)(3).
Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(3)(A)(iii)], inserted “or derivatives transaction execution facility” after “contract market”.
Subsec. (c)(1).
Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(3)(B)(i)], substituted “designated or registered as a contract market or derivatives transaction execution facility” for “designated as a contract market” and “subparagraphs (C)(ii) and (D) of section
2
(a)(1) of this title, except that the Commission and the Securities and Exchange Commission may by rule, regulation, or order jointly exclude any agreement, contract, or transaction from section
2
(a)(1)(D) of this title” for “section
2a of this title”.
Subsec. (c)(2)(B)(ii).
Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(3)(B)(ii)], inserted “or derivatives transaction execution facility” after “contract market”.
1992—Subsec. (a).
Pub. L. 102–546, § 502(a)(1), substituted “Unless exempted by the Commission pursuant to subsection (c) of this section, it shall be unlawful” for “It shall be unlawful”.
Subsecs. (c), (d).
Pub. L. 102–546, § 502(a)(2), added subsecs. (c) and (d).
1983—
Pub. L. 97–444 amended section generally, combining into subsec. (a) existing provisions of this section together with provisions formerly contained in section
6h
(1) of this title, relating to the conduct of offices or places of business anywhere in the United States or its territories that are used for dealing in commodities for future delivery unless such dealings are executed or consummated by or through a member of a contract market, and adding subsec. (b).
1974—
Pub. L. 93–463 substituted “Commission” for “Secretary of Agriculture” and “United States Department of Agriculture”.
1936—Act June 15, 1936, § 2, substituted “commodity” for “grain” wherever appearing.
Act June 15, 1936, § 4, struck out par. (a) and combined par. (b) with first par.
Effective Date of 1983 Amendment
Amendment by
Pub. L. 97–444 effective Jan. 11, 1983, see section 239 of
Pub. L. 97–444, set out as a note under section
2 of this title.
Effective Date of 1974 Amendment
For effective date of amendment by
Pub. L. 93–463, see section 418 of
Pub. L. 93–463, set out as a note under section
2 of this title.
Effective Date of 1936 Amendment
Amendment by act June 15, 1936, effective 90 days after June 15, 1936, see section 13 of that act, set out as a note under section
1 of this title.