CFTC Staff Letters

Advisory to Futures Commission Merchants reminding them of key risk management program requirements and sharing observed examples of practices for implementing an effective program.

The Division of Swap Dealer and Intermediary Oversight took a no-action position with respect to IBs guaranteed by a certain FCM, where the IBs would introduce ECP swap counterparties to each other, without opening or carrying customer accounts with the guarantor FCM. For uncleared swaps, no FCM would be involved in the transaction, and for cleared swaps, each counterparty would use an FCM for clearing that the counterparty had selected. The guarantor FCM would remain well-capitalized for the risk undertaken, and would be jointly and severally liable for all obligations of each of the guaranteed IBs with respect to their solicitation of swaps orders.

DSIO response to industry questions on Form CPO-PQR FAQ.

Exemptive relief that was provided in CFTC Staff Letter 14-49 was granted with respect to additional proprietary commodity pools operated by a CPO referenced in that letter. The CPOs provided the same representations provided in CFTC Staff Letter 14-49 and represented that they would comply with the conditions of the relief provided in that letter.

Exemptive relief granted to a CPO of a pool from the audit requirements of Commission regulation 4.22(d) with respect to the financial statements in the 2015 annual report of the pool. The CPO has provided a waiver from the sole participant of the pool.

Exemptive relief granted to a CPO of certain segregated series of a pool from the audit requirements of Commission regulation 4.22(d) with respect to the financial statements in the 2015 annual reports of the segregated series. The CPO has provided waivers from the all participants in the segregated series.

The CPO of an exempt commodity pool requested relief from the audit requirement in Regulation 4.22(d)(1), on the basis that the sole participant is the owner of the CTA managing the pool’s assets. DSIO granted relief for the pool’s 2015 annual report, conditioned upon the filing and distribution of an uncertified annual report for the 2015 fiscal year that otherwise complies with Regulation 4.7(b)(3).

The CPO of an exempt commodity pool with two participants, a controlling principal of the CPO and an LLC owned by the principal, requested relief from the audit requirement in Regulations 4.7(b)(3) and 4.22(d)(1). DSIO granted relief for the pool’s 2015 annual report, conditioned upon the filing of an uncertified annual report for the 2015 fiscal year that otherwise complies with Regulation 4.7(b)(3).

The CPO of an exempt commodity pool with two participants, a controlling principal of the CPO and an LLC owned by the principal, requested relief from the audit requirement in Regulations 4.7(b)(3) and 4.22(d)(1). DSIO granted relief for the pool’s 2015 annual report, conditioned upon the filing of an uncertified annual report for the 2015 fiscal year that otherwise complies with Regulation 4.7(b)(3).

A CPO requested exemptive relief from the annual report requirement in Regulation 4.7(b)(3), to allow it to file an annual report for its exempt pool for the period from December 1, 2015, the date it began operations, to December 31, 2016. DSIO granted relief conditioned upon the future filing and distribution of a certified Annual Report for the period from December 1, 2015 to December 31, 2016.