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Article

Eversheds Sutherland (US) LLP | USA | 12 Aug 2013

Bankruptcy safe harbors under attack

The "safe harbor" provisions of the Bankruptcy Code protect firms that trade derivatives, and other participants in financial and commodity markets

Article

Eversheds Sutherland (US) LLP | USA | 7 Dec 2012

CFTC issues relief from CPO registration to funds of funds, BDCs and family offices; NFA issues guidance on the annual affirmation requirement

On November 29 and December 4, the Commodity Futures Trading Commission’s (CFTC) Division of Swap Dealer and Intermediary Oversight (DSIO) issued a series of no-action letters that afford relief from registration as a commodity pool operator (CPO) to operators of certain funds of funds (the Fund of Funds Letter), business development companies (the BDC Letter) and family offices (the Family Offices Letter) that engage in commodity interest (i.e., futures, options and swaps) trading.

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