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The Dodd-Frank Act amended the definition of “commodity pool”, making it broader by including any enterprise operated for the purpose of trading in swaps. Trading in swaps may seem like a high bar, but entering into a single swap may be sufficient to trigger the CPO registration requirement. The CFTC has issued various interpretative letters clarifying that certain entities (such as business development companies, family offices, equity REITs, etc.) that might inadvertently be included within the “commodity pool” definition should not be considered commodity pools to the extent that these entities satisfy specified CFTC conditions for relief. In this session, we will review the following:

• Entities granted CPO registration relief;
• Securitizations and structures using trusts that may present CPO issues;
• Funds of funds investing in CPOs;
• Issues for registered funds;
• Harmonization of SEC/CFTC requirements for funds; and
• Compliance obligations for CPOs/CTAs.

West LegalEdcenter will provide CLE credit.