CFTC Issues Interpretation Concerning Dodd-Frank Anti-Fraud Authority (Press Release Interpretation)
CFTC Press Release 6151-11
The CFTC announced an Interpretation that relates to anti-fraud authority provided in the Dodd-Frank Act. The Interpretation deals with the CFTC's view of the meaning of the term "actual delivery," and guidance on how the CFTC will determine if the actual delivery exception applies to for "Retail Commodity Transactions." Under Dodd-Frank, the CEA does not apply to such transactions if "actual delivery" of the commodity is made within 28 days. The Interpretation provides examples of what the CFTC means by "actual delivery."
For more information about this document, you may contact one of the following Cadwalder attorneys: Steven D. Lofchie; Robert Zwirb.
Cross References: Dodd Frank Section 742(a); New CEA Section, 2(c)(2)(D); Lofchie's Guide to CPO/CTA Regulation: Chapter 2, Product Jurisdiction.