Page 31 - 期貨和衍生品行業(yè)監(jiān)管動態(tài)（2024年9月刊）

期貨和衍生品行業(yè)監(jiān)管動態(tài)

CFTC Approves Final Rule Regarding Exemptions from Certain Compliance
Requirements for Commodity Pool Operators, Commodity Trading Advisors,

and Commodity Pools (2024/9/14)

The Commodity Futures Trading Commission today published a final rule that

amends CFTC Regulation 4.7, a provision that provides exemptions from certain

compliance requirements for commodity pool operators (CPOs) regarding commodity

pool offerings to qualified eligible persons (QEPs) and for commodity trading

advisors (CTAs) regarding trading programs advising QEPs.

The final rule amends various provisions of the regulation that have not been

updated since the rule’s original adoption in 1992. Specifically, the final rule:

(1) Increases the monetary thresholds outlined in the “Portfolio Requirement”

definition that certain persons may use to qualify as Qualified Eligible Persons;

(2) Codifies exemptive letters allowing CPOs of Funds of Funds operated under

Regulation 4.7 to choose to distribute monthly account statements within 45 days of

the month-end;

(3) Includes technical amendments designed to improve its efficiency and

usefulness for intermediaries and their prospective and actual QEP pool participants
and advisory clients, as well as the general public; and,

(4) Updates citations within 17 CFR Part 4, and throughout the CFTC’s rulebook,

to reflect the new structure of Regulation 4.7.

The final rule will be effective 60 days after publication in the Federal Register.

CPOs and CTAs must comply with the increased Portfolio Requirement

thresholds in Regulation 4.7(a) by six months after publication in the Federal Register.

The optional monthly account statement reporting schedule for Funds of Funds

operated under Regulation 4.7 is available to their CPOs as of the final rule’s effective

20