1 Analyses of this federal-register by attorneys

  1. CFTC Finalizes Amendments to Exemptions for CPOs and CTAs under Rule 4.7

    Morrison & Foerster LLPOctober 22, 2024

    ndments in the Final Rules noting that the CFTC would take additional time to consider the concerns and alternatives expressed by market participants.Note that CPOs and CTAs remain subject to the existing requirement that any information or disclosures they elect to provide a QEP must include all disclosures necessary to make the information contained therein, in the context in which it is furnished, not misleading. In 2012, the CFTC included “swaps” within the meanings of “commodity pool” and “commodity interests.” The CFTC and the Securities and Exchange Commission published final rules defining the term “swap” on August 13, 2012 .Commodity Futures Trading Commission, Final Rule, Commodity Pool Operators, Commodity Trading Advisors, and Commodity Pools Operated under Regulation 4.7: Updating the ‘Qualified Eligible Person’ Definition; Adding Minimum Disclosure Requirements for Pools and Trading Programs; Permitting Monthly Account Statements for Funds of Funds; Technical Amendments (89 FR 78793). A Section 3(c)(7) fund is a pooled investment vehicle that restricts investors to “qualified purchasers” and complies with the additional requirements set forth in Section 3(c)(7) of the Investment Company Act. A Section 3(c)(1) fund is a pooled investment vehicle that has no more than 100 beneficial owners (or 250 beneficial owners for a venture capital fund) and complies with the additional requirements set forth in Section 3(c)(1) of the Investment Company Act. CFTC Rule 4.13(a)(3)(iii) sets out the investor suitability requirements.Commodity Futures Trading Commission, Proposed Rule, Commodity Pool Operators, Commodity Trading Advisors, and Commodity Pools: Updating the ‘Qualified Eligible Person’ Definition; Adding Minimum Disclosure Requirements for Pools and Trading Programs; Permitting Monthly Account Statements for Funds of Funds; Technical Amendments (88 FR 70852).[View source.]