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Sep 19, 2014

CFTC Staff Issues Exemptive Letter Facilitating Broader Marketing of Certain Commodity Pools

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On September 9, 2014, the Division of Swap Dealer and Intermediary Oversight (“Division”) of the US Commodity Futures Trading Commission (“CFTC”) issued an exemptive letter (“Letter”) harmonizing certain CFTC restrictions on the marketing of commodity pools with recent US Securities and Exchange Commission (“SEC”) rulemaking permitting general solicitation and general advertising in connection with certain unregistered securities offerings. Specifically, the Letter will enable commodity pool operators (“CPOs”) to rely on the broad regulatory relief of CFTC Rule 4.7(b) and the CPO registration exemption in CFTC Rule 4.13(a)(3), even though interests in the applicable commodity pools may be marketed to the public.

View full memo, CFTC Staff Issues Exemptive Letter Facilitating Broader Marketing of Certain Commodity Pools

Authors and Contributors

John (Sean) Finley

Partner

Investment Funds

+1 212 848 4346

+1 212 848 4346

New York

Nathan Greene

Partner

Investment Funds

+1 212 848 4668

+1 212 848 4668

New York

Nhung Pham

Associate

Investment Funds

+1 212 848 7885

+1 212 848 7885

New York