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CFTC | RIN: 3038-AE76 | Publication ID: Spring 2020 |
Title: Codification of Relief for Commodity Pool Operators and Commodity Trading Advisors | |
Abstract:
The Commodity Futures Trading Commission ("Commission") is in the process of amending its rules governing Commodity Pool Operators ("CPOs") and Commodity Trading Advisors ("CTAs") in part 4 of its regulations. Amendments codifying longstanding relief available to qualifying registered CPOs with respect to their offshore commodity pools under Advisory 18-96 have been finalized. The Commission has also finalized amendments codifying registration relief currently provided through staff letter to family offices and business development companies, as well as exemptive relief from the prohibitions against general solicitation for pools operated under Regulations 4.7 and 4.13(a)(3), and relief with respect to Form CPO-PQR for certain CPOs and CTAs. Going forward, staff is considering recommending that the Commission finalize its proposal from 2018 amending Regulation 4.13 to prohibit the operation of commodity pools pursuant to that regulation by unregistered commodity pool operators who are subject to a statutory disqualification from registration with the Commission under the terms of section 8(a)(2) of the Commodity Exchange Act. Staff also intends to recommend that this prohibition would also apply to the principals of a commodity pool operator that is exempt under Regulation 4.13. |
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Agency: Commodity Futures Trading Commission(CFTC) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
EO 13771 Designation: Independent agency | |
CFR Citation: 17 CFR 4 | |
Legal Authority: 7 U.S.C. 4m 7 U.S.C. 4n |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Federalism: No | |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Amanda L. Olear Director, Market Participants Division Commodity Futures Trading Commission Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581 Phone:202 418-5283 Email: aolear@cftc.gov Elizabeth Groover Special Counsel, Market Participants Division Commodity Futures Trading Commission Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581 Phone:202 481-5985 Email: egroover@cftc.gov |