NFA Provides Guidance for Claiming an Exemption from CPO and CTA Registration (IFA Notice I-15-26)

The NFA issued guidance on the annual affirmation requirement for entities currently operating under an exemption or exclusion from Commodity Pool Operator or Commodity Trading Advisor registration.

The NFA specified that, following December 2, 2016, any person or entity claiming an exemption or exclusion under CFTC Rules 4.5 (Exclusion for Certain Otherwise Regulated Persons from the Definition of the Term 'Commodity Pool Operator'), 4.13(a)(1), 4.13(a)(2), 4.13(a)(3), 4.13(a)(5) (Exemption from Registration as a Commodity Pool Operator) or 4.14(a)(8) (Exemption from Registration as a Commodity Trading Advisor) will be able to complete the affirmation process by accessing NFA's Exemption System through the Electronic Filings tab.

The NFA cautioned that failure to affirm an active exemption or exclusion from Commodity Pool Operator and Commodity Trading Advisor registration will result in the exemption or exclusion being withdrawn as of March 1, 2016.