On September 22, 2015, the CFTC approved for public comment a supplement to its November 2013 proposed rulemaking to modify the policy for aggregation under the CFTC's position limits regime for futures and option contracts in Part 150 of its regulations. The supplemental notice of proposed rulemaking revises how the CFTC proposes to address situations when an exemption from the aggregation requirement is available for owners of greater than 50 percent interest in another entity. Under the November 2013 proposal, owners of a greater than 50 percent interest would have to provide specified information and certifications in an application to the CFTC, and obtain CFTC approval before disaggregating their positions. Under the supplement, owners of a greater than 50 percent interest would follow the same procedures that were proposed for owners of an interest between 10 and 50 percent, which procedures would permit such owners to disaggregate an owned entity's positions upon filing a notice with the CFTC stating that certain specified standards have been met. All other aspects of the November 2013 proposal remain the same. The CFTC continues to consider the November 2013 proposal and the comments submitted during the earlier comment periods.
The press release is available at: http://www.cftc.gov/PressRoom/PressReleases/pr7239-15.
The CFTC proposed rule is available at: http://www.cftc.gov/idc/groups/public/@newsroom/documents/file/federalregister092215a.pdf.