CFTC Proposes to Discontinue Widely-Used Registration Exemptions | McDermott

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CFTC Proposes to Discontinue Widely-Used Registration Exemptions

March 10, 2011

Read time: 2 min

Overview

Eight years ago, the Commodity Futures Trading Commission (“CFTC”) adopted two exemptions under the Commodity Exchange Act, as amended (“CEA”) (Rules 4.13(a)(3) and 4.13(a)(4) the “4.13 Rules”)) that proved to be an efficient way for private investment fund managers to trade commodity interests without registering with the CFTC

On Jan. 26, 2011, the CFTC proposed revoking both exemptions. The repeal of these two exemptions is likely to affect many managers. The CFTC is soliciting public comments that are due by April 12, 2011.

Authors

Daniel F. Hunter

Partner

New York – 919 Third Avenue

Craig Stein

Partner

New York – 919 Third Avenue

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