17 CFR 4 - COMMODITY POOL OPERATORS AND COMMODITY TRADING ADVISORS

prev | next

Authority: 7 U.S.C. 1a, 2, 4, 6b, 6c, 6l, 6m, 6n, 6o, 12a, and 23.

Source: 46 FR 26013, May 8, 1981, unless otherwise noted.

Title 17 published on 2011-04-01

The following are only the Rules published in the Federal Register after the published date of Title 17.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

2012-02-24; vol. 77 # 37 - Friday, February 24, 2012

77 FR 11252 - Commodity Pool Operators and Commodity Trading Advisors: Compliance Obligations

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-3390
RIN	3038-AD30

COMMODITY FUTURES TRADING COMMISSION

Final rule.

Effective dates: This final rule is effective on April 24, 2012, except for the amendments to § 4.27, which shall become effective on July 2, 2012. Compliance dates: Compliance with § 4.27 shall be required by not later than September 15, 2012, for a CPO having at least $5 billion in assets under management, and by not later than December 14, 2012, for all other registered CPOs and all CTAs. Compliance with § 4.5 for registration purposes only shall be required not later than the later of December 31, 2012, or 60 days after the effective date of the final rulemaking further defining the term “swap,” which the Commission will publish in the Federal Register at a future date. Entities required to register due to the amendments to § 4.5 shall be subject to the Commission's recordkeeping, reporting, and disclosure requirements pursuant to part 4 of the Commission's regulations within 60 days following the effectiveness of a final rule implementing the Commission's proposed harmonization effort pursuant to the concurrent proposed rulemaking. CPOs claiming exemption under § 4.13(a)(4) shall be required to comply with the rescission of § 4.13(a)(4) by December 31, 2012; however, compliance shall be required for all other CPOs on April 24, 2012. Compliance with all other amendments, not otherwise specified above, shall be required by December 31, 2012.

17 CFR Parts 4, 145, and 147

Summary

The Commodity Futures Trading Commission is adopting amendments to its existing part 4 regulations and promulgating one new regulation regarding Commodity Pool Operators and Commodity Trading Advisors. The Commission is also adopting new data collections for CPOs and CTAs that are consistent with a data collection required under the Dodd-Frank Act for entities registered with both the Commission and the Securities and Exchange Commission. The adopted amendments rescind the exemption from registration; rescind relief from the certification requirement for annual reports provided to operators of certain pools offered only to qualified eligible persons (QEPs; modify the criteria for claiming relief); and require the annual filing of notices claiming exemptive relief under several sections of the Commission's regulations. Finally, the adopted amendments include new risk disclosure requirements for CPOs and CTAs regarding swap transactions.

2012-02-17; vol. 77 # 33 - Friday, February 17, 2012

77 FR 9734 - Business Conduct Standards for Swap Dealers and Major Swap Participants With Counterparties

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-1244
RIN	3038-AD25

COMMODITY FUTURES TRADING COMMISSION

Effective Date: These final rules will become effective on April 17, 2012. Compliance Date: Swap dealers and major swap participants must comply with the rules in subpart H of part 23 on the later of 180 days after the effective date of these rules or the date on which swap dealers or major swap participants are required to apply for registration pursuant to Commission rule 3.10.

17 CFR Parts 4 and 23

Summary

The Commodity Futures Trading Commission (“Commission” or “CFTC”) is adopting final rules to implement Section 4s(h) of the Commodity Exchange Act (“CEA”) pursuant to Section 731 of Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the “Dodd-Frank Act”). These rules prescribe external business conduct standards for swap dealers and major swap participants.

2011-11-16; vol. 76 # 221 - Wednesday, November 16, 2011

76 FR 71128 - Reporting by Investment Advisers to Private Funds and Certain Commodity Pool Operators and Commodity Trading Advisors on Form PF

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2011-28549
RIN	3038-AD03
File No.	S7-05-11
Release No.	IA-3308

SECURITIES AND EXCHANGE COMMISSION, COMMODITY FUTURES TRADING COMMISSION

Joint final rules.

The effective date for the addition of 17 CFR 4.27 (rule 4.27 under the Commodity Exchange Act), 17 CFR 275.204(b)-1 (rule 204(b)-1 under the Investment Advisers Act of 1940) and 17 CFR 279.9 (Form PF), as well as the revision to the authority citation for 17 CFR part 4, is March 31, 2012. See section III of this Release for compliance dates.

17 CFR Part 4

Summary

The Commodity Futures Trading Commission (“CFTC”) and the Securities and Exchange Commission (“SEC”) (collectively, “we” or the “Commissions”) are adopting new rules under the Commodity Exchange Act and the Investment Advisers Act of 1940 to implement provisions of Title IV of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The new SEC rule requires investment advisers registered with the SEC that advise one or more private funds and have at least $150 million in private fund assets under management to file Form PF with the SEC. The new CFTC rule requires commodity pool operators (“CPOs”) and commodity trading advisors (“CTAs”) registered with the CFTC to satisfy certain CFTC filing requirements with respect to private funds, should the CFTC adopt such requirements, by filing Form PF with the SEC, but only if those CPOs and CTAs are also registered with the SEC as investment advisers and are required to file Form PF under the Advisers Act. The new CFTC rule also allows such CPOs and CTAs to satisfy certain CFTC filing requirements with respect to commodity pools that are not private funds, should the CFTC adopt such requirements, by filing Form PF with the SEC. Advisers must file Form PF electronically, on a confidential basis. The information contained in Form PF is designed, among other things, to assist the Financial Stability Oversight Council in its assessment of systemic risk in the U.S. financial system.

2011-07-25; vol. 76 # 142 - Monday, July 25, 2011

76 FR 44262 - Removing Any Reference to or Reliance on Credit Ratings in Commission Regulations; Proposing Alternatives to the Use of Credit Ratings

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2011-18777
RIN	3038-AD11

COMMODITY FUTURES TRADING COMMISSION

Final rule.

This rule is effective September 23, 2011.

17 CFR Parts 1 and 4

Summary

The Commodity Futures Trading Commission (“Commission” or “CFTC”) is adopting a final rule that amends existing CFTC regulations in order to implement new statutory provisions enacted by Title IX of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”). The rule amendments set forth herein apply to futures commission merchants (“FCMs”), derivatives clearing organizations (“DCOs”), and commodity pool operators (“CPOs”). The rule amendments implement the new statutory framework that requires agencies to replace any reference to or reliance on credit ratings in their regulations with an appropriate alternative standard.

2011-05-18; vol. 76 # 96 - Wednesday, May 18, 2011

76 FR 28641 - Commodity Pool Operators: Relief From Compliance With Certain Disclosure, Reporting and Recordkeeping Requirements for Registered CPOs of Commodity Pools Listed for Trading on a National Securities Exchange; CPO Registration Exemption for Certain Independent Directors or Trustees of These Commodity Pools

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2011-11551
RIN	3038-AC46

COMMODITY FUTURES TRADING COMMISSION

Final rule.

Effective date: June 17, 2011.

17 CFR Part 4

Summary

The Commodity Futures Trading Commission (Commission or CFTC) is adopting amendments to its regulations as they affect certain commodity pool operators (CPOs) of commodity pools whose units of participation are listed and traded on a national securities exchange (Amendments). Specifically, this action codifies the relief from certain disclosure, reporting, and recordkeeping requirements that Commission staff previously had issued to these CPOs on a case-by-case basis. It also codifies relief from the CPO registration requirement for certain independent directors or trustees of actively-managed commodity pools that Commission staff similarly has issued.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

7 USC 12a - Registration of commodity dealers and associated persons; regulation of registered entities

7 USC 1a - Definitions

7 USC 2 - Jurisdiction of Commission; liability of principal for act of agent; Commodity Futures Trading Commission; transaction in interstate commerce

7 USC 23 - Standardized contracts for certain commodities

7 USC 4

7 USC 6b - Contracts designed to defraud or mislead

7 USC 6c - Prohibited transactions

7 USC § -

7 USC 6m - Use of mails or other means or instrumentalities of interstate commerce by commodity trading advisors and commodity pool operators; relation to other law

7 USC 6n - Registration of commodity trading advisors and commodity pool operators; application; expiration and renewal; record keeping and reports; disclosure; statements of account

7 USC § -

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 17 CFR 4

2012-02-24; vol. 77 # 37 - Friday, February 24, 2012

77 FR 11252 - Commodity Pool Operators and Commodity Trading Advisors: Compliance Obligations

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-3390
RIN	3038-AD30

COMMODITY FUTURES TRADING COMMISSION

Final rule.

Effective dates: This final rule is effective on April 24, 2012, except for the amendments to § 4.27, which shall become effective on July 2, 2012. Compliance dates: Compliance with § 4.27 shall be required by not later than September 15, 2012, for a CPO having at least $5 billion in assets under management, and by not later than December 14, 2012, for all other registered CPOs and all CTAs. Compliance with § 4.5 for registration purposes only shall be required not later than the later of December 31, 2012, or 60 days after the effective date of the final rulemaking further defining the term “swap,” which the Commission will publish in the Federal Register at a future date. Entities required to register due to the amendments to § 4.5 shall be subject to the Commission's recordkeeping, reporting, and disclosure requirements pursuant to part 4 of the Commission's regulations within 60 days following the effectiveness of a final rule implementing the Commission's proposed harmonization effort pursuant to the concurrent proposed rulemaking. CPOs claiming exemption under § 4.13(a)(4) shall be required to comply with the rescission of § 4.13(a)(4) by December 31, 2012; however, compliance shall be required for all other CPOs on April 24, 2012. Compliance with all other amendments, not otherwise specified above, shall be required by December 31, 2012.

17 CFR Parts 4, 145, and 147

Summary

The Commodity Futures Trading Commission is adopting amendments to its existing part 4 regulations and promulgating one new regulation regarding Commodity Pool Operators and Commodity Trading Advisors. The Commission is also adopting new data collections for CPOs and CTAs that are consistent with a data collection required under the Dodd-Frank Act for entities registered with both the Commission and the Securities and Exchange Commission. The adopted amendments rescind the exemption from registration; rescind relief from the certification requirement for annual reports provided to operators of certain pools offered only to qualified eligible persons (QEPs; modify the criteria for claiming relief); and require the annual filing of notices claiming exemptive relief under several sections of the Commission's regulations. Finally, the adopted amendments include new risk disclosure requirements for CPOs and CTAs regarding swap transactions.

77 FR 11345 - Harmonization of Compliance Obligations for Registered Investment Companies Required To Register as Commodity Pool Operators

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-3388
RIN

COMMODITY FUTURES TRADING COMMISSION

Proposed rule.

Comments should be received on or before April 24, 2012.

17 CFR Part 4

Summary

The Commodity Futures Trading Commission is proposing amendments to its regulations regarding requirements applicable to investment companies registered under the Investment Company Act of 1940 (“registered investment companies”) whose advisors will be subject to registration as commodity pool operators due to changes that the Commission is adopting.

2012-02-17; vol. 77 # 33 - Friday, February 17, 2012

77 FR 9734 - Business Conduct Standards for Swap Dealers and Major Swap Participants With Counterparties

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-1244
RIN	3038-AD25

COMMODITY FUTURES TRADING COMMISSION

Effective Date: These final rules will become effective on April 17, 2012. Compliance Date: Swap dealers and major swap participants must comply with the rules in subpart H of part 23 on the later of 180 days after the effective date of these rules or the date on which swap dealers or major swap participants are required to apply for registration pursuant to Commission rule 3.10.

17 CFR Parts 4 and 23

Summary

The Commodity Futures Trading Commission (“Commission” or “CFTC”) is adopting final rules to implement Section 4s(h) of the Commodity Exchange Act (“CEA”) pursuant to Section 731 of Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the “Dodd-Frank Act”). These rules prescribe external business conduct standards for swap dealers and major swap participants.

2011-11-16; vol. 76 # 221 - Wednesday, November 16, 2011

76 FR 71128 - Reporting by Investment Advisers to Private Funds and Certain Commodity Pool Operators and Commodity Trading Advisors on Form PF

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2011-28549
RIN	3038-AD03
File No.	S7-05-11
Release No.	IA-3308

SECURITIES AND EXCHANGE COMMISSION, COMMODITY FUTURES TRADING COMMISSION

Joint final rules.

The effective date for the addition of 17 CFR 4.27 (rule 4.27 under the Commodity Exchange Act), 17 CFR 275.204(b)-1 (rule 204(b)-1 under the Investment Advisers Act of 1940) and 17 CFR 279.9 (Form PF), as well as the revision to the authority citation for 17 CFR part 4, is March 31, 2012. See section III of this Release for compliance dates.

17 CFR Part 4

Summary

The Commodity Futures Trading Commission (“CFTC”) and the Securities and Exchange Commission (“SEC”) (collectively, “we” or the “Commissions”) are adopting new rules under the Commodity Exchange Act and the Investment Advisers Act of 1940 to implement provisions of Title IV of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The new SEC rule requires investment advisers registered with the SEC that advise one or more private funds and have at least $150 million in private fund assets under management to file Form PF with the SEC. The new CFTC rule requires commodity pool operators (“CPOs”) and commodity trading advisors (“CTAs”) registered with the CFTC to satisfy certain CFTC filing requirements with respect to private funds, should the CFTC adopt such requirements, by filing Form PF with the SEC, but only if those CPOs and CTAs are also registered with the SEC as investment advisers and are required to file Form PF under the Advisers Act. The new CFTC rule also allows such CPOs and CTAs to satisfy certain CFTC filing requirements with respect to commodity pools that are not private funds, should the CFTC adopt such requirements, by filing Form PF with the SEC. Advisers must file Form PF electronically, on a confidential basis. The information contained in Form PF is designed, among other things, to assist the Financial Stability Oversight Council in its assessment of systemic risk in the U.S. financial system.

2011-07-25; vol. 76 # 142 - Monday, July 25, 2011

76 FR 44262 - Removing Any Reference to or Reliance on Credit Ratings in Commission Regulations; Proposing Alternatives to the Use of Credit Ratings

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2011-18777
RIN	3038-AD11

COMMODITY FUTURES TRADING COMMISSION

Final rule.

This rule is effective September 23, 2011.

17 CFR Parts 1 and 4

Summary

The Commodity Futures Trading Commission (“Commission” or “CFTC”) is adopting a final rule that amends existing CFTC regulations in order to implement new statutory provisions enacted by Title IX of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”). The rule amendments set forth herein apply to futures commission merchants (“FCMs”), derivatives clearing organizations (“DCOs”), and commodity pool operators (“CPOs”). The rule amendments implement the new statutory framework that requires agencies to replace any reference to or reliance on credit ratings in their regulations with an appropriate alternative standard.

2011-05-18; vol. 76 # 96 - Wednesday, May 18, 2011

76 FR 28641 - Commodity Pool Operators: Relief From Compliance With Certain Disclosure, Reporting and Recordkeeping Requirements for Registered CPOs of Commodity Pools Listed for Trading on a National Securities Exchange; CPO Registration Exemption for Certain Independent Directors or Trustees of These Commodity Pools

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2011-11551
RIN	3038-AC46

COMMODITY FUTURES TRADING COMMISSION

Final rule.

Effective date: June 17, 2011.

17 CFR Part 4

Summary

The Commodity Futures Trading Commission (Commission or CFTC) is adopting amendments to its regulations as they affect certain commodity pool operators (CPOs) of commodity pools whose units of participation are listed and traded on a national securities exchange (Amendments). Specifically, this action codifies the relief from certain disclosure, reporting, and recordkeeping requirements that Commission staff previously had issued to these CPOs on a case-by-case basis. It also codifies relief from the CPO registration requirement for certain independent directors or trustees of actively-managed commodity pools that Commission staff similarly has issued.

2011-03-03; vol. 76 # 42 - Thursday, March 3, 2011

76 FR 11701 - Amendments to Commodity Pool Operator and Commodity Trading Advisor Regulations Resulting From the Dodd-Frank Act

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2011-4657
RIN	3038-AD49

COMMODITY FUTURES TRADING COMMISSION

Proposed rules.

Comments must be received on or before May 2, 2011.

17 CFR Part 4

Summary

The Commodity Futures Trading Commission (Commission or CFTC) is proposing to amend its regulations affecting the operations and activities of commodity pool operators (CPOs) and commodity trading advisors (CTAs) (Proposal) in order to have those regulations reflect changes made to the Commodity Exchange Act (CEA) by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act).

2011-02-11; vol. 76 # 29 - Friday, February 11, 2011

76 FR 7976 - Commodity Pool Operators and Commodity Trading Advisors: Amendments to Compliance Obligations

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2011-2437
RIN	3038-AD30

COMMODITY FUTURES TRADING COMMISSION

Notice of proposed rulemaking.

Comments must be in writing and received on or before April 12, 2011.

17 CFR Parts 4, 145, and 147

Summary

The Commodity Futures Trading Commission is proposing to amend its existing regulations and proposing one new regulation regarding Commodity Pool Operators and Commodity Trading Advisors. The Commission is proposing a new data collection for CPOs and CTAs that is consistent with the data collection required under the Dodd-Frank Act. The proposed amendments would: Rescind the exemptions from registration provided in the Commission's regulations; rescind the relief from the certification requirement for annual reports provided to operators of certain pools only offered to qualified eligible persons (“QEPs”); modify the criteria for claiming relief under the Commission's regulations; and require the annual filing of notices claiming exemptive relief. Finally, the proposal includes new risk disclosure requirements for CPOs and CTAs regarding swap transactions.

76 FR 8068 - Reporting by Investment Advisers to Private Funds and Certain Commodity Pool Operators and Commodity Trading Advisors on Form PF

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2011-2175
RIN	3038-AD03
Release No.	IA-3145
File No.	S7-05-11

SECURITIES AND EXCHANGE COMMISSION, COMMODITY FUTURES TRADING COMMISSION

Joint proposed rule.

Comments should be received on or before April 12, 2011.

17 CFR Part 4

Summary

The Commodity Futures Trading Commission (“CFTC”) and the Securities and Exchange Commission (“SEC”) (collectively, “we” or the “Commissions”) are proposing new rules under the Commodity Exchange Act and the Investment Advisers Act of 1940 to implement provisions of Title IV of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The proposed SEC rule would require investment advisers registered with the SEC that advise one or more private funds to file Form PF with the SEC. The proposed CFTC rule would require commodity pool operators (“CPOs”) and commodity trading advisors (“CTAs”) registered with the CFTC to satisfy certain proposed CFTC filing requirements by filing Form PF with the SEC, but only if those CPOs and CTAs are also registered with the SEC as investment advisers and advise one or more private funds. The information contained in Form PF is designed, among other things, to assist the Financial Stability Oversight Council in its assessment of systemic risk in the U.S. financial system. These advisers would file these reports electronically, on a confidential basis.

17 CFR 4 - COMMODITY POOL OPERATORS AND COMMODITY TRADING ADVISORS

CFR Toolbox

Get Involved