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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.

 
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
Timetable:
Action Date FR Cite
NPRM  10/18/2018  83 FR 52902   
NPRM Comment Period End  12/17/2018 
Final Rule--RICs, BDCs, Reporting Person  12/10/2019  84 FR 67343   
Final Rule--Family Offices, Exempt CPOs  12/10/2019  84 FR 67355   
Final Rule Effective--RICs, BDCs, Reporting Person  01/09/2020 
Final Rule Effective--Family Offices, Exempt CPOs  01/09/2020 
Final Rule--Statutory Disqual  06/00/2020 
Final Rule Effective--Statutory Disqual  07/00/2020 
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