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Article

Mayer Brown | USA | 4 Dec 2012

CFTC grants time-limited no-action relief for fund of funds operators otherwise deemed commodity pool operators

By letter dated November 29, 2012, the Commodity Futures Trading Commission (CFTC) granted time-limited no-action relief for fund of funds operators that would be deemed commodity pool operators and required to register as a result of their indirect exposure to commodity interests until such time as the Division of Swap Dealer and Intermediary Oversight (the Division) issues revised guidance on the application of the de minimis thresholds to fund of funds operators in the context of Regulations 4.5 and 4.13(a)(3).

Article

Mayer Brown | USA | 7 Nov 2012

Family offices: CFTC clarifies status of single family investment funds under the commodity pool operator rules

On October 3, 2012, Mayer Brown issued a legal update advising about potential issues that could affect family investment funds as a result of recent regulatory changes caused by amendments to the Commodity Exchange Act of 1936 (CEA) by the Dodd-Frank Wall Street Accountability and Consumer Protection Act (Dodd-Frank Act).

Article

Mayer Brown | USA | 3 Oct 2012

Family offices: the impact of commodity pool operator rules on family investment funds

Family offices or high net worth clients often create investment funds to manage commingled family assets.

Article

Mayer Brown | USA | 15 Aug 2012

Sure, my project has swaps (in fact, my lenders required these hedges), but why does that make it a commodity pool and why am i now a commodity pool operator?

Title VII of the Dodd-Frank Wall Street Accountability and Consumer Protection Act (the Dodd-Frank Act) is called the “Wall Street Transparency and Accountability Act of 2010” and covers “swaps.”

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