NFA Notice I-13-38: Guidance on Annual Affirmation Requirements for Entities That Are Exempt from CPO/CTA Registration

The National Futures Association ("NFA") has published guidance on the annual affirmation requirement for entities that are currently operating under an exemption or exclusion from CPO or CTA registration. The guidance states that the CFTC requires any person that claims an exemption or exclusion from CPO registration under CFTC Rule 4.5 ("Exclusion for Certain Otherwise Regulated Persons from the Definition of the Term 'Commodity Pool Operator'") or Rule 4.13 ("Exemption from Registration as a Commodity Pool Operator"), or an exemption from CTA registration under Rule 4.14(a)(8) ("Exemption from Registration as a Commodity Trading Advisor"), to annually affirm the applicable notice of exemption or exclusion within 60 days of the calendar year end, or March 3, 2014 for this affirmation cycle. The guidance includes direction on completing the affirmation process and provides a brief Q&A regarding the exemptions.

See: NFA Notice to Members.See generally: Lofchie's Guide to CPO/CTA Regulation, Who Must Register as a CPO or CTA.