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CFTC Expands Commodity Registration Rules

February 15, 2012
The CFTC last week issued a final rule regarding changes to Part 4 of the Commission’s regulations involving registration and compliance obligations for commodity pool operators (CPO's) and commodity trading advisors (CTA's).  The rule increases transparency to the CFTC of CPOs and CTAs acting in the futures and swaps markets and enhances protections for their customers. The rule, first proposed on 1/26/11, passed 4-1 with only Commissioner Sommers dissenting.  It will take effect 60 days after publication in the Federal Register. Specified Changes. As adopted, the rule changes:
  • rescinds the exemption from registration provided in section 4.13(a)(4);
  • removes relief from the certification requirement for annual reports provided to operators of certain pools offered only to qualified eligible persons under section 4.7(b)(3);
  • modifies the criteria for claiming relief under section 4.5;
  • requires the annual filing of notices claiming exemptive relief under several sections of the Commission’s regulations; and,
  • adopts amendments that include new risk disclosure requirements for CPOs and CTAs regarding swap transactions.
Additional summary information can be found in the fact sheet and Q&A document listed under Related Links. The Commission also released a proposed rule seeking public comment on reducing compliance burdens associated with RIAs who would be required to register as CPOs under the changes to section 4.5.  The proposal, adopted unanimously by the Commission, is now open to public comments . The Commission received a number of comments regarding the changes to section 4.5. Specifically, commenters suggested that sponsors of investment companies registered with the Securities and Exchange Commission (SEC), which would also be required to register as CPOs under section 4.5, may be subject to duplicative, inconsistent, and possibly conflicting, disclosure and reporting requirements.  This proposed rulemaking seeks to harmonize CFTC and SEC requirements to minimize the compliance burden on these registrants.

For more details, go to [CFTC, 2/9/12].