The NFA announced today that the CFTC has amended its regulations to codify disclosure, reporting, and record-keeping requirement relief for a certain type of commodity pool operator, or CPO. The exemption will cover any CPO which primarily operates pools already listed and traded on a national security exchange, commonly called Commodity ETFs.
Previously, Commodity ETFs were only exempted on a case by case basis. Now the relief will be extended to all qualified CPOs . The amendment also lifts CPO registration requirements from certain independent directors and trustees of “actively managed” commodity pools.
In order to obtain the exemption, Commodity ETFs and actively-managed commodity pools will need to file a request through the NFA’s electronic exemption system available at http://www.nfa.futures.org/NFA-electronic-filings/exemptions.HTML. The amendments become effective today. Any CPO or independent director or trustee of a commodity pool already granted relief does not need to file a second request for relief.