The CFTC issued final rules adopting CFTC Regulation 4.27 [Additional reporting by advisors of certain large commodity pools] which requires that all CTAs file a Form PR annual report with NFA within 45 days of the calendar year end. The Form PR requires each CTA to report on an annual basis general information about the CTA, its trading programs, the pool assets directed by the CTA and the identity of the CPOs that operate those pools. NFA has provided the Form PR template. View Notice in full here (links externally to NFA website). See generally: Lofchie's Guide to CPO/CTA Regulation
News & Insights
FINRA has filed a Temporary Cease-and-Desist Order ("TCDO") against Herkimer, NY-based Westor Capital Group, Inc. and its President, Chief Compliance Officer and Financial and Operations Principal, Richard Hans Bach, to immediately stop the further misappropriation and misuse of customer funds and securities. FINRA is seeking the TCDO to prevent further customer harm that would likely continue before a formal disciplinary proceeding against Westor and Bach could be completed. View Order in full here (links externally to FINRA website). See also: Press Release.
The SEC announced in the Federal Register that it has adopted amendments to Exchange Act Rule 17Ad-17 ("Transfer Agents' Obligation to Search for Lost Securityholders") to implement the requirements of Dodd-Frank Section 929W. That Section added to Exchange Act Section 17A subsection (g), "Due Diligence for the Delivery of Dividends, Interest, and Other Valuable Property Rights," which directs the SEC to revise Rule 17Ad-17. Click here to view our original story on the extension, including a brief analysis and commentary. Effective Date: March 25, 2013. Compliance Date: January 23, 2014. See
Bruce Karpati, Chief of the SEC Enforcement Division’s Asset Management Unit, spoke at the Private Equity International Conference. Below is an outline of his remarks regarding the SEC’s Asset Management Unit and its work in the private equity area: The creation of the Asset Management Unit and the overall purpose and functions of the Unit; The growth in the area of private equity has led to the SEC bringing more private equity cases, a trend which Mr. Karpati expects to continue; A mention and very brief summary of the private equity cases that the SEC has brought; Mr. Karpati mentioned
The CFTC issued to LCH.Clearnet LLC a letter approving LCH's revised rulebook and an amended order of registration as a derivatives clearing organization ("DCO"). The amended order of registration permits LCH to clear (in its capacity as a registered DCO) futures contracts, options on futures contracts, commodity options, and swaps where interest rates and/or currencies constitute the underlying commodity or reference. View Order in full here (links externally to CFTC website).