Amendments to Commodity Pool Operator and Commodity Trading Advisor Regulations Resulting from the Dodd-Frank Act; Final Rule (CFTC - Pre Fed. Reg. Version)
The CFTC is amending its regulations governing the operations and activities of commodity pool operators (CPOs) and commodity trading advisors (CTAs) in order to have those regulations reflect changes made to the Commodity Exchange Act by the Dodd-Frank Act.
Effective Date: [INSERT DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
Compliance Date: CPOs and CTAs must comply with these amendments to Part 4 by no later than the most recent effective date of the regulations issued by the Commission to further define the term "swap" in section 1a(49) of the CEA, pursuant to the Dodd-Frank Act.
Cross Reference(s): Dodd-Frank Title VII. The following CFTC Rules are being amended:
- 4.7(Exemption from certain part 4 requirements for commodity pool operators with respect to offerings to qualified eligible persons and for commodity trading advisors with respect to advising qualified eligible persons);
- 4.22 (CPO - Reporting to pool participants);
- 4.23 (CPO - Recordkeeping);
- 4.24(CPO - General disclosures required);
- 4.30 (CTA - Prohibited activities);
- 4.32 (CTA - Trading on a Registered Derivatives Transaction Execution Facility for Non-Institutional Customers) [Removed and Reserved];
- 4.33 (CTA - Recordkeeping);
- 4.34 (CTA - General disclosures required).
View rule release here(links externally to CFTC website).Additional Materials: CFTC Press Release; Chairman Gary Genser's Statement of Support.