CFTC Seeks Additional Comments on Position Limits for Physical Commodity Derivatives

The Commodity Futures Trading Commission is seeking additional comments on its proposed regulations relating to position limits for physical commodity derivatives. The CFTC will accept comments on its proposals regarding position limits and the aggregation of positions subject to common ownership for a three-week period beginning June 12 and ending July 3. Comments should be limited to the following subjects: (i) hedging of a physical commodity by a commercial enterprise, including gross hedging, cross-commodity hedging, anticipatory hedging and the process for obtaining a non-enumerated hedging exemption; (ii) spot month limits in physical-delivery and cash-settled contracts and a conditional spot-month limit exemption; (iii) non-spot limits for wheat contracts; (iii) the aggregation exemption for certain ownership interests of greater than 50 percent in an owned entity; and (iv) aggregation based on substantially identical trading strategies. More information relating to the reopening of the comment period is available here.

CFTC staff will additionally host a public roundtable to discuss these issues on June 19. More information relating to the public roundtable is available here.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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