CFTC Staff Issues No-Action Relief from Certain Position Aggregation Requirements

CFTC Staff Issues No-Action Relief from Certain Position Aggregation Requirements


By: William J. Breslin, Robert M. McLaughlin, David S. Mitchell, Scott I. Golden, Victoria T. Mazgalev

On August 10, 2017, in response to requests from industry trade associations, the Division of Market Oversight (“DMO”) of the Commodity Futures Trading Commission (the “CFTC” or “Commission”) issued time limited no-action relief from several significant requirements set forth in the Commission's position aggregation rule (the “Aggregation Rule”) for purposes of the speculative position limits in Part 150 of the Commission's regulations.  The relief will extend until 12:01 a.m. eastern standard time on August 12, 2019.  Among other things, for the duration of the relief, an entity eligible for an exemption from aggregation need not submit a prospective notice filing pursuant to the Aggregation Rule in order to rely on the exemption, but instead must only do so upon request by the CFTC, a Designated Contract Market (a “DCM”), or their respective staffs within five business days (subject to extension by the requestor).  Any such notice filing need only address the circumstances warranting disaggregation for the particular accounts or positions specified.  An entity seeking to rely on an aggregation exemption may voluntarily submit a notice filing to the CFTC or DCM prior to being contacted by the CFTC or a DCM if it so chooses.

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