Legal Alert: CFTC Issues Highly Anticipated Harmonization Rules


Today, the Commodity Futures Trading Commission (CFTC) provided long-awaited clarification and relief to investment advisers that are registered with the CFTC as commodity pool operators (CPOs) and/or commodity trading advisors (CTAs). The CFTC issued final rules to harmonize certain compliance obligations of CPOs and CTAs with relevant Securities and Exchange Commission (SEC) requirements (Harmonization Rules) applicable to advisers to investment companies registered as such under the Investment Company Act of 1940 (RICs). The Harmonization Rules also amend certain CFTC compliance requirements that apply to all registered CPOs and CTAs.

The Harmonization Rules were initially proposed in February 2012. At that time, the CFTC finalized rules amending the compliance obligations of CPOs and CTAs, including eliminating a blanket exclusion from CPO status for advisers to RICs under CFTC Rule 4.5 and imposing a new de minimis trading threshold. As a result of this change, along with changes to the Commodity Exchange Act resulting from the Dodd-Frank Wall Street Reform and Consumer Protection Act, many advisers to RICs have registered as CPOs and CTAs. The CFTC proposed the Harmonization Rules to assist advisers to RICs, recognizing that many of the compliance obligations of CPOs and CTAs were conflicting or inconsistent with, or duplicative of, the relevant SEC requirements.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

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.

© Eversheds Sutherland (US) LLP | Attorney Advertising

Written by:


Eversheds Sutherland (US) LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.