Are you a Commodity Pool Operator? And, is it Curable?

03/06/2013 08:00 a.m. - 10:00 a.m.

Capital Markets, Derivatives + Commodities, Investment Management, REITs, Banking + Financial Services, and Financial Institutions + Financial Services

The Michelangelo Hotel
152 W 51st St
New York, NY 10019

Jay G. BarisJerry R. Marlatt, and James Schwartz

Jerry R. MarlattJay G. Baris, and James Schwartz

Seminar

Joseph Marano
jmarano@mofo.com
(212) 336-4316

For presentation materials, click here.

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.

Breakfast will be served.

NY and CA CLE credits are pending.

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