Exemptions Available to CPOs
A commodity pool operator (CPO) may request relief for its pools pursuant to certain CFTC regulations. Below are regulations that may offer such relief:
- CFTC Regulation 4.5: Exclusion for certain otherwise regulated persons from the definition of the term CPO
- CFTC Regulation 4.7: Exemption from certain Part 4 requirements for CPO with respect to offerings to qualified eligible persons
- CFTC Regulation 4.7(b)(5) [formerly CFTC Regulation 4.7(b)(4)]: Recordkeeping relief for CPOs that operate 4.7 exempt pools
- CFTC Regulation 4.12: Exemption from provisions of Part 4
- CFTC Regulation 4.13: Exemption from registration as a CPO
- CFTC Regulation 4.22(d): Alternative GAAP relief
- CFTC Regulation 4.23: Recordkeeping relief
- CFTC Advisory No. 18-96: Exemption from provisions of Part 4 for offshore Commodity Pools*
Please note: CPOs must claim relief electronically through NFA's Exemptions System.
*Exemptions pursuant to CFTC Advisory No. 18-96 must be filed with NFA in hardcopy to the following address:
National Futures Association
Attn: Director of Compliance, Compliance Department
320 South Canal, Suite 2400
Chicago, Illinois 60606
Exemptions
CPOs must electronically file with NFA all notices of exclusion or exemption using NFA's Exemptions System.
Accessthe NFA Exemptions SystemCFTC Part 4 Exemptions
See the CFTC Part 4 Exemptions Easy Reference Guide.
Learn Moreabout the CFTC Part 2 Exemptions