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6 December 2016

CFTC Approves Amendments To CPO Financial Report Regulations

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Herbert Smith Freehills Kramer LLP

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The CFTC unanimously approved amendments to its regulations regarding the financial reports commodity pool operators are required to provide on their operations.
United States Finance and Banking

The CFTC unanimously approved amendments to its regulations regarding the financial reports commodity pool operators are required to provide on their operations. The amendments incorporate into CFTC regulations relief that, to date, has been available through exemptive or no-action letters. Among the amendments are provisions for the use of certain additional alternative generally accepted accounting principles, practices or standards in Annual Reports and periodic Account Statements â€" whether distributed as stated in CFTC Regulation 4.22 or 4.7 â€" and in Form CPO-PQR. The amendments also provide for "stub period" relief from the Annual Report audit requirement where the pool's first fiscal year is four months or less and where, excluding insiders, the pool has had 15 or fewer participants who have contributed no more than $3 million. Further, the amendments provide an exemption from the Annual Report audit requirement for the CPO of a pool whose participants during a fiscal year are exclusively specified insiders who have a particularly close relationship with the pool's operation.

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