Commodity Pool Operator Regulation - Comment Letters

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Gavel.png FINAL RULE: Joint CFTC-SEC rulemaking on private fund systemic risk reporting. The SEC final rule was issued at its October 26, 2011 open meeting.
Timeline, Harmonization of CPO Compliance Obligations
Proposal Date Final Rule Issue Effective Date
February 24, 2012 August 22, 2013 September 23, 2013
Dodd-Frank Timeline, Investment Adviser Reporting, Joint SEC-CFTC Rulemaking
Final Rule Issue Effective Date Compliance Date
November 16, 2011 March 31 2012 June 15, 2012*

This page contains links to letters submitted by market participants addressing the rulemakings relevant to commodity pools and commodity trading advisors.

For letters addressing the joint CFTC/SEC rulemaking on private fund systemic risk reporting, click HERE.

Commodity Pool Operator Regulation - Harmonization of Compliance Obligations - Comment Letters[edit]

On February 9, 2012, the CFTC unanimously approved a proposed rulemaking regarding certain compliance obligations for commodity pool operators who register with the SEC under the Investment Act of 1940. Under the rule, the CPO of any pool whose units of participation will be offered and sold pursuant to an effective registration statement under the Securities Act of 1933 (for example a commodity-linked mutual fund) may claim the relief from certain requirements.<ref>Harmonization of Compliance Obligations for Registered Investment Companies Required to Register as Commodity Pool Operators. CFTC. Retrieved on February 13, 2012.</ref>

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CFTC Staff Roundtable on Proposed Changes to Registration and Compliance Regime for CPOs & CTAs[edit]

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Private Fund Systemic Risk Reporting[edit]

On October 26, 2011, the Securities and Exchange Commission (SEC) finalized rules requiring advisers to hedge funds and other private funds to report information for use by the Financial Stability Oversight Council (FSOC) in monitoring risk to the U.S. financial system.<ref>SEC Approves Confidential Private Fund Risk Reporting. SEC. Retrieved on October 26, 2011.</ref> The Commodity Futures Trading Commission (CFTC) approved the joint final rule on October 31, 2011.<ref>CFTC and SEC Approve Confidential Private Fund Risk Reporting. CFTC. Retrieved on October 31, 2011.</ref>

The rule was proposed on January 25, 2011 and appeared in the Federal Register on February 11, 2011.<ref>SEC Approves Confidential Private Fund Risk Reporting. U.S. Securities and Exchange Commission. Retrieved on October 26, 2011.</ref> The deadline for public comments was April 12, 2011.

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