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Article

Arnold & Porter Kaye Scholer LLP | USA | 12 Oct 2012

CFTC publishes relief from “commodity pool” definition for Equity REITs and certain securitizations and extends rule effective date

The Division of Swap Dealers and Oversight (the Division) of the Commodities Futures Trading Commission (the CFTC) released two interpretative letters excluding from the definition of "commodity pool" (1) investment vehicles that operate in a manner consistent with the constraints set forth in Regulation AB or Investment Company Act Rule 3a-7 (Rule 3a-7) promulgated by the Securities and Exchange Commission (the SEC) and certain other requirements, and (2) equity real estate investment trusts (Equity REITs).

Article

Arnold & Porter Kaye Scholer LLP | USA | 4 Oct 2012

Relief from CFTC's new commodity pool regulation may be in sight for certain securitization transactions as deadline looms

Relief from CFTC's New Commodity Pool Regulation May Be In Sight for Certain Securitization Transactions as Deadline LoomsOctober 4, 2012 Under new Commodity Futures Trading Commission (CFTC) rules scheduled to become effective on October 12th of this year, if an investment trust or similar entity is viewed as "trading" in swaps, its sponsor and other responsible parties may be required to register with the CFTC as "commodity pool operators" (CPOs) or may be required to register as “commodity trading advisors” (CTAs).

Article

Arnold & Porter Kaye Scholer LLP | USA | 28 Sep 2012

Deadline looms for compliance with CFTC's new commodity pool regulation which may cover securitization transactions

Under new Commodity Futures Trading Commission (CFTC) rules effective October 12th of this year, if an investment trust or similar entity is viewed as "trading" in swaps, its sponsor and other responsible parties may be required to register with the CFTC as "commodity pool operators" (CPOs) or may be required to register as "commodity trading advisors" (CTAs).

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