CFTC Staff Extends No-Action Relief on Treatment of Separate FCM Accounts
CFTC staff extended no-action relief on the treatment of separate accounts by futures commission merchants ("FCMs") until the earlier of June 30, 2024 or the effective date of any final CFTC action regarding CFTC Rule 39.13(g)(8)(iii) ("Risk management").
As previously covered, the CFTC put forth a rule proposal that would codify no-action relief by FCMs to treat separate accounts of a customer as accounts of separate entities.
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The CFTC extended the comment deadline on a rule proposal that would codify no-action relief related to the treatment of separate accounts by futures commission merchants. The new comment deadline is June 30, 2023.
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The CFTC voted to propose rule amendments to codify no-action relief regarding the treatment of separate accounts by futures commission merchants.
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FIA requested that the CFTC codify no-action relief regarding the treatment of separately managed accounts held at futures commission merchants.
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The CFTC Division of Clearing and Risk and the Division of Swap Dealer and Intermediary Oversight issued an extension of no-action relief with respect to the treatment of separate accounts by futures commission merchants.
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The Division of Clearing and Risk and the Division of Swap Dealer and Intermediary Oversight provided relief and guidance concerning the treatment of separate accounts of a single beneficial owner by futures commission merchants.
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The Futures Industry Association urged the CFTC to clarify rules regarding the margin treatment of separate customer accounts.
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The Directors of the Division of Clearing and Risk and the Division of Swap Dealer and Intermediary Oversight responded to inquiries regarding the treatment of separate accounts of a single beneficial owner.
Commentary by Nihal Patel -
The CFTC Division of Swap Dealer and Intermediary Oversight and Division of Clearing and Risk provided no-action relief and guidance on the treatment of separate accounts of a single beneficial owner by futures commission merchants.
Commentary by Nihal Patel
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- CFTC Rule 1.56: Prohibition of guarantees against loss.
- CFTC Rule 39.13: Risk management.
- CFTC No-Action Letter 19-17: Advisory and Time-Limited No-Action Relief with Respect to the Treatment of Separate Accounts by Futures Commission Merchants
- CFTC No-Action Letter 20-28: Supplemental Advisory and Time-Limited No-Action Relief with Respect to the Treatment of Separate Accounts by Futures Commission Merchants
- CFTC Letter 21-29: Extension of Time-Limited No-Action Relief with Respect to the Treatment of Separate Accounts by Futures Commission Merchants
- CFTC Letter 22-11: Accordingly, the conditional no-action relief with respect to Regulation 39.13(g)(8)(iii) is now further extended until the earlier of (a) September 30, 2023 or (b) the effective date of any final Commission action relating to...
- CFTC Letter 23-13: Accordingly, the conditional no-action relief with respect to Regulation 39.13(g)(8)(iii) is now further extended until the earlier of (a) June 30, 2024 or (b) the effective date of any final Commission action relating to Regulation...
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