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Current as of January 02, 2025 | Updated by Findlaw Staff
In reviewing the decision of the National Futures Association in a member responsibility action, the Commission shall consider whether:
(a) The proceedings were conducted in a manner consistent with fundamental fairness;
(b) The proceedings were conducted in a manner consistent with the rules of the National Futures Association;
(c) The weight of the evidence supports the findings of the National Futures Association concerning the reasons for the action;
(d) The determination that summary action is necessary to protect the commodity futures markets, customers, or members of the National Futures Association rests on a reasonable interpretation of the NFA rules at issue;
(e) The National Futures Association's application of its rules is consistent with the purposes of the Act;
(f) In light of the findings of the National Futures Association concerning the reasons for the action and the public interest, the suspension, restriction or remedial action imposed by the National Futures Association is not excessive, oppressive or an abuse of discretion.
Cite this article: FindLaw.com - Code of Federal Regulations Title 17. Commodity and Securities Exchanges § 17.171.46 Standards of review - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-17-commodity-and-securities-exchanges/cfr-sect-17-171-46/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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