• CPO and CTA Annual Affirmation of Exemptions Due in March
  • January 24, 2014
  • Law Firm: Sutherland Asbill Brennan LLP - Washington Office
  • Pursuant to Commodity Futures Trading Commission (CFTC) regulations, persons claiming an exemption or exclusion from registration as a commodity pool operator (CPO) or a commodity trading advisor (CTA), under CFTC Regulations 4.5, 4.13(a)(1), 4.13(a)(2), 4.13(a)(3), 4.13(a)(5) or 4.14(a)(8), must affirm their eligibility for such exemption or exclusion on an annual basis, within 60 days of the calendar year end. Failure to affirm the relevant exemption or exclusion within 60 days of the calendar year end results in automatic withdrawal of the exemption or exclusion, which would then subject a person to all applicable CPO or CTA compliance requirements, regardless of whether such person remains eligible for the exemption/exclusion.