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Audits of Futures Commission Merchants, Introducing Brokers, and Commodity Pools, Second Edition

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This AICPA Practice Aid updates the previous edition of Audits of Futures Commission Merchants, Introducing Brokers, and Commodity Pools and provides guidance for audits of futures commission merchants, introducing brokers, and commodity pools (collectively referred to as commodity entities). This Practice Aid is intended to provide practitioners with nonauthoritative practical guidance related to the special matters unique to the regulatory, accounting, and auditing aspects of this industry. It includes an overview of the commodity industry, and a discussion of a commodity entity's functions, books and records, including regulatory recordkeeping requirements.

This Second Edition, prepared by the Commodity Practice Aid Task Force, has been revised to provide industry specific guidance for commodity entities. It includes exhibits containing both sample letters and sample reports, to assist independent accountants in reporting on the financial statements and other written assertions of commodity entities.

Table of Contents

  • Chapter 1: Commodity Industry Overview
    • Introduction
    • Entities in the Commodity Futures Industry
      • Futures Commission Merchants
      • Introducing Brokers
      • Nonregulated Entities
      • Commodity Pools and Commodity Pool Operators
      • Commodity Trading Advisors
      • Associated Persons
      • Customers and Noncustomers
      • Floor Traders and Floor Brokers
      • Commodity Futures Exchanges
      • Exchange Clearing Organizations
      • Exchange Members
    • The Markets
      • Cash Markets
      • Forward Markets
      • Futures Markets
    • Kinds of Contracts Traded on Commodity Futures Exchanges
      • Futures Contracts
      • Options on Futures Contracts
    • Futures and Options Trades, Margins, and Daily Settlement
      • Processing the Trade
      • Margin Requirements for Futures and Options Positions
    • Regulatory Overview
  • Chapter 2: Commodity Entity Functions, Books, and Records
    • Introduction
      • Overview
      • Original Entry Journals
      • Open Position Report (Point Balance) and Settlement Accounts
    • Cash or Physical Spot Commodities
    • General Ledger
    • Regulatory Recordkeeping Requirements
    • Books and Records
      • Records Required
      • Introducing Brokers' Books and Records
      • Separate Accounting for Customer Transactions
      • Customer-Owned Collateral
      • Investments of Customers' Funds
      • Margining of Trading Accounts
      • Margining of Omnibus Accounts
      • Cross Margining of Market-Maker Accounts
      • Securities and Other Transactions
      • Trade Date Versus Settlement Date Accounting
    • Trade Order Processing
      • Trade Orders and Order Tickets
      • Trade Execution and Trade Cards
      • Processing Executed Trades
      • Give-Up Trades
    • Customer Account Records
      • Customer Account Files
      • Trading Account Ledgers
      • Trade Confirmations
      • Purchase and Sale Statements
      • Monthly Account Statements
    • Clearance and Settlement
      • Trade Matching at the Clearing Organization
      • Trade Register and Other Clearing Sheets
      • Omnibus Account Records
      • Settlement
    • Other Specialized Activities
      • Exchanges for Physicals
      • Interexchange Linkages
      • Repurchase and Resale Agreements
      • Repurchase and Resale Agreements Concerning Investment of Customer Funds
      • Forward Transactions
      • Other Derivative Instruments
    • Reconciliation and Balancing
      • Cash Receipts and Disbursements
      • Point Balance and Settlement Accounts
      • Clearing Organization and Carrying Broker Accounts
      • Securities and Other Collateral
    • Collateralized Financing
      • Subordinated Borrowings—Secured Demand Notes
    • Regulatory
    • Tax Information Reporting
  • Chapter 3: Regulatory Considerations
    • Introduction
    • Applicable Regulations
      • Interpretations of CFTC Regulations and SRO Rules
    • Explanation of Significant Rules
      • CFTC Regulation 1.16, Qualifications and reports of accountants
      • Qualifications of Accountants
      • Independence of Accountant
      • Replacement of Accountant
      • Audit Objectives
      • Independent Accountants' Reports
      • Material Inadequacies in the Accounting System or Internal Control
    • Explanation of Significant Regulations for Futures Commission Merchants and Introducing Brokers
      • Definition of Customer and Proprietary Accounts
      • Segregation of Customers' Funds—CFTC Regulations 1.20-.30, 1.32, and 1.49
      • Foreign Futures and Foreign Options on Futures Customers—Part 30 of CFTC Regulations
      • Customers' Dealer Options Accounts—CFTC Regulation 32.6, Segregation
      • Minimum Financial Requirements for FCMs and IBs
      • Recordkeeping Requirements for FCMs and IBs—CFTC Regulations 1.18 and 1.31-.37
      • Margin Requirements
      • Risk Assessment Rules—CFTC Regulations 1.14-.15
      • Anti-Money Laundering
      • Notices Required From FCMs and IBs—CFTC Regulation 1.12
    • Reporting Requirements
      • Financial Reports of FCMs and IBs
      • Consolidation of Subsidiaries
      • Extension of Time for Filing Audited Report
      • Special or Accelerated Financial Reports
    • Public and Nonpublic Treatment of Reported Information
      • Reports to State Regulatory Agencies
      • Financial Statements to Be Furnished to Customers of Securities Broker-Dealers
      • Exemptive, No-Action, and Interpretative Letters
  • Chapter 4: Financial Statements of Futures Commission Merchants and Introducing Brokers, Presentation and Classification
    • Introduction
    • Financial Statements
      • Statement of Financial Condition (See exhibit 4.2)
      • Statement of Income or Operations (See exhibit 4.3)
      • Disclosure of Comprehensive Income
      • Statement of Changes in Liabilities Subordinated to Claims of General Creditors (See exhibit 4.4)
      • Statement of Changes in Ownership Equity (See exhibit 4.5)
      • Statement of Cash Flows (See exhibit 4.6)
      • Business Combinations
      • Consolidation of Subsidiaries
    • Supplementary Schedules
      • Computation of Minimum Capital Requirement Pursuant to CFTC Regulation 1.17, Minimum financial requirements for futures commission merchants and introducing brokers
      • Schedule of Segregation Requirements and Funds in Segregation for Customers Trading on U.S. Commodity Exchanges
      • Schedule of Segregation Requirements and Funds in Segregation for Customers' Dealer Options Accounts
      • Schedule of Secured Amounts and Funds Held in Separate Accounts for Foreign Futures and Foreign Options Customers Pursuant to CFTC Regulation 30.7, Treatment of foreign futures or foreign options secured amount
      • Additional Schedules Required From FCMs and IBs That Are Registered as Securities Broker-Dealers
    • Statement of Financial Condition Account Descriptions
      • Cash
      • Assets Segregated Under Federal and Other Regulations
      • Exchange Memberships
      • Deposits With Exchange-Clearing Organizations
      • Due From and To Exchange-Clearing Organizations
      • Receivables From and Payables to Other FCMs
      • Receivables From and Payables to Customers
      • Securities Sold Under Agreements to Repurchase
      • Securities Purchased Under Agreements to Resell
      • Securities, Commodities, and Derivative Financial Instruments Owned
      • Bank Loans
      • Subordinated Borrowings
      • Guarantees of Indebtedness
    • Income Statement Account Descriptions
      • Commission Income and Expense
      • Interest Income and Expense
      • Trading Gains and Losses
      • Dividend Income and Expense
      • Employee Compensation and Benefits
      • Floor Brokerage
      • Clearing and Exchange Fees
      • Information Technology
      • Occupancy and Equipment Rental
    • Disclosures
      • Netting of Balances and Transactions
      • Certain Significant Risks and Uncertainties
      • Certain Significant Estimates
      • Current Vulnerability Due to Certain Concentrations
      • Derivative Financial Instruments
      • Disclosures About Valuation of Financial Instruments
    • Financial Statements and Other Exhibits
  • Chapter 5: Auditing Considerations
    • General Considerations
    • Regulatory Environment
    • Planning and Other Auditing Considerations
      • Audit Planning
      • Establishing an Understanding With the Client
      • Audit Risks
    • Planning Materiality
      • Illegal Acts
    • Use of Assertions in Obtaining Audit Evidence
      • Understanding the Entity, Its Environment, and Its Internal Control
      • Risk Assessment Procedures
      • Discussion Among the Audit Team
      • Understanding of the Entity and Its Environment
      • Understanding of Internal Control
    • Assessment of Risks of Material Misstatement and the Design of Further Audit Procedures
      • Assessing the Risks of Material Misstatement
      • Designing and Performing Further Audit Procedures
      • Audit Sampling
    • Evaluating Misstatements
    • Audit Documentation
      • General
      • Form, Content, and Extent of Audit Documentation
      • Dating of the Auditor's Report
    • Consideration of Fraud in a Financial Statement Audit
      • The Importance of Exercising Professional Skepticism
      • Discussion Among Engagement Personnel Regarding the Risks of Material Misstatement Due to Fraud
      • Obtaining the Information Needed to Identify the Risks of Material Misstatement Due to Fraud
      • Identifying Risks That May Result in a Material Misstatement Due to Fraud
      • Assessing the Identified Risks After Taking Into Account an Evaluation of the FCM's or IB's Programs and Controls That Address the Risks
      • Responding to the Results of the Assessment
      • Evaluating Audit Evidence
      • Responding to Misstatements That May Be the Result of Fraud
      • Communicating About Possible Fraud to Management, Those Charged With Governance, and Others
      • Documenting the Auditor's Consideration of Fraud
      • Practical Guidance
    • Consideration of the Work of Internal Auditors
    • Analytical Procedures
    • Auditing Accounting Estimates
    • Going Concern Considerations
    • Related Party Transactions
    • Communication of Matters Related to Internal Control
    • Communication With Those Charged With Governance
    • Management Representations
    • Substantive Audit Procedures
      • Assets Segregated Under Federal and Other Regulations
      • Exchange Memberships
      • Deposits With Exchange-Clearing Organizations
      • Due From and To Exchange-Clearing Organizations
      • Receivables From and Payables to Brokers
      • Receivables From Customers
      • Securities Sold Under Agreements to Repurchase/Resell
      • Securities, Commodities, and Derivative Financial Instruments Owned
      • Physical Commodities Inventories
      • Advances on Cash Commodities
      • Accrued Commissions Receivable or Payable
      • Payable to Customers
      • Margining of Trading Accounts
      • Subordinated Accounts and Borrowings
      • Open Contractual Commitments
      • Suspense Accounts
      • Income Statement
    • Computation of Segregation and Secured Amount Requirements and Minimum Capital Requirement
      • Segregation and Secured Amount Requirements
      • Minimum Capital Requirement
    • APPENDIX A: Consideration of Fraud in a Financial Statement Audit: Examples and Considerations for Auditors of FCMs or IBs
  • Chapter 6: Internal Control
    • Auditor's Understanding of Internal Control in a Financial Statement Audit
    • The Control Environment
      • Understanding the Control Environment
    • Risk Assessment for Financial Reporting Purposes
      • Understanding Risk Assessment
    • Control Activities
      • Understanding Control Activities
    • Information and Communication Systems
      • Understanding the FCM/IB's Information and Communication Systems
      • Effect of IT on Internal Control
      • Consideration of Controls at IT Service Centers
    • Monitoring
      • Understanding Monitoring Activities
      • FCM/IB's Control and Monitoring Activities
      • New Accounts
      • Trade Order Processing
      • Trade Clearance
      • The Margin Department
      • Collateral Safekeeping Controls
      • Minimum Financial Requirements and Segregation of Customer Funds
      • OTC Derivative Transactions
      • Principal Transactions
      • Repurchase and Reverse Repurchase Agreements
      • SEC Requirements for Management's Report on Internal Control Over Financial Reporting
      • Annual Reporting Requirements
      • Quarterly Reporting Requirements
    • APPENDIX A: Compliance and Sales Activities
  • Chapter 7: Accounting Guidance
    • Accounting Model
      • Financial Instruments Listed on a Recognized Exchange
      • Determination of Fair Value for Forward Contract Commitments and Other Over-the-Counter Derivatives
      • Fair Value Option
    • Trade Date Accounting
    • Customer Transactions
      • Customer Funds
      • Customer-Owned Property
      • Commodity Positions
    • Statement of Financial Condition Considerations
      • Due From and Due to Other FCM/IBs and Clearing Organizations
      • Deposits
      • Repurchase Transactions
      • Exchange Memberships Owned or Contributed
      • Suspense Accounts
      • Variable Interest Entities
      • Derivatives
    • Statement of Income Considerations
      • Commission Income, Floor Brokerage, and Clearing Costs
      • Interest, Dividends, and Rebates
  • Chapter 8: Commodity Pools
    • Overview
      • How Pools Are Organized
      • Kinds of Commodity Pools
      • Commodity Pool Operator
      • Pool Expenses
      • Related-Party Transactions—Potential Conflicts of Interest
    • Books and Records
      • Pool Books and Records
      • CPO Books and Records
      • CTA Books and Records
    • Regulatory Considerations
      • Definitions
      • Registration of CPOs and CTAs
      • Disclosure Documents
      • Break-Even Analysis
      • Operation of a Pool as a Separate Legal Entity
      • Specific Reporting Requirements for CPOs
      • Election of Fiscal Year
      • Exemption From Certain Disclosure, Reporting, and Recordkeeping Requirements for Pools Meeting the Criteria for Exemption Under CFTC Regulations 4.7a and 4.12b
      • Exemptions for Offshore Pools
    • Financial Statement Presentation
      • Basis of Presentation
      • Pool Annual Report
      • Statement of Financial Condition
      • Condensed Schedule of Investments
      • Statement of Income (Loss)
      • Statement of Changes in Ownership Equity
      • Exemption From Providing a Statement of Cash Flows
      • Financial Highlights
      • Disclosures in Notes to the Financial Statements
    • Auditing Considerations
      • Net Asset Value
      • Transactions With Affiliates
      • Use of Pool Funds as Collateral
      • Demand Notes Receivable From Investors
      • Indirect Compensation Arrangements
      • Blowout Point
      • Fund of Funds
    • Accounting Guidance
      • Net Asset Value
      • Accounting for Commissions and Fees Expenses
      • Organization Costs
      • Offering and Syndication Costs
    • Financial Statements and Other Exhibits
  • EXHIBIT A: Auditor's Standard Report
  • EXHIBIT B: Auditor's Standard Report
  • EXHIBIT C: Explanatory Paragraph for Uncertainty of Valuation
  • EXHIBIT D: GAAP Departure—Unsupportable Valuation
  • EXHIBIT E: Separate Report on Supplementary Schedules
  • EXHIBIT F: Report on Internal Control Required by CFTC Regulation 1.16
  • EXHIBIT G: Report on Internal Control Required by CFTC Regulation 1.16 and SEC Rule 17a-5(g)(1)
  • EXHIBIT H: Letter to the CFTC When the FCM Has Not Made Required Notification
  • EXHIBIT I: Representation Letter
  • Glossary: Financial Accounting Standards Board Accounting Standards Codification Terms
  • Glossary: Industry Terms

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Excerpts

Information Included in This Practice Aid

This practice aid is organized to complement the AICPA Audit and Accounting Guide Brokers and Dealers in Securities. The practice aid contains the following chapters:

Chapter 1, "Commodity Industry Overview." This chapter describes the participants in the commodity industry, including FCMs, IBs, commodity trading advisors, commodity pool operators and pools; commodity markets, including cash, forward, and futures markets; regulatory agencies; and exchanges, boards of trade, and other self regulatory organizations. It also describes various activities in which commodity entities engage.

Chapter 2, "Commodity Entity Functions, Books, and Records." This chapter provides a detailed discussion of the FCM's or IB's functions, books and records including (1) trade order processing, (2) customer account records, (3) clearance and settlement, (4) other specialized activities, (5) reconciliation and balancing, and (6) collateralized financings. It also discusses the commodity entity's regulatory recordkeeping requirements and tax information requirements.

Chapter 3, "Regulatory Considerations." This chapter contains an explanation of significant regulations, rules, and reporting requirements that are relevant to an FCM and IB.

Chapter 4, "Financial Statements of Futures Commission Merchants and Introducing Brokers, Presentation and Classification." This chapter describes the accounts generally reported on an FCMs or IBs financial statements and provides illustrative financial statements, including statements of financial condition, income or operations, changes in ownership equity, changes in liabilities subordinated to claims of general creditors, cash flows, supplementary schedules, and the related notes to the financial statements.

Chapter 5, "Auditing Considerations." This chapter provides a discussion of generally accepted auditing standards as applied to FCMs and IBs, issues related to specialized FCM and IB accounts, and an appendix providing audit assertions, audit objectives, and examples of tests of controls and substantive tests that are relevant to an FCM or IB.

Chapter 6, "Internal Control." This chapter provides a discussion of the auditor's understanding of internal control in a financial statement audit, including the five interrelated internal control components (that is, control environment, risk assessment, control activities, information and communication systems, and monitoring). The discussion covers internal controls and other related considerations that may be relevant to an FCM's or IB's specific activities.

Chapter 7, "Accounting Guidance." This chapter provides a discussion of the accounting model used by the industry, trade-date versus settlement-date accounting, and other financial statement items relevant to an FCM or IB.

Chapter 8, "Commodity Pools." This chapter provides guidance on items specifically relevant to a commodity pool's (1) functions, books, and records, (2) regulatory requirements, (3) financial statement presentation and disclosure, (4) auditing considerations, (5) internal controls, and (6) accounting. It provides illustrative financial statements, supplementary schedules and related notes to the financial statements, and an illustrative independent auditors report.

Exhibits. This set of exhibits provides several illustrative reports that should assist independent accountants in reporting on the financial statements (and other written management assertions) of an FCM or IB.

Glossary. This chapter describes many of the unique terms that are prevalent in the commodity industry.

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