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NFA Member Annual Update Reminder

Annual Update Information for CPOs, CTAs, IBs, and FCMs We are a little behind getting this update out this year.  Please contact us if you have any questions or would like help with any updates. **** NFA members (including commodity pool operators, commodity trading advisers, introducing brokers, futures commission merchants, [...]

13 March

Major Futures Industry SROs Call for More FCM Reporting

The NFA released an announcement that the major SROs for the futures industry – the CME, NFA, ICE, KCBOT, and the Minneapolis Grain Exchange – have created a series of recommendations on ways to increase the security of customer deposits with FCMs. It is no surprise that the proposed safeguards [...]

MarketsWiki Interview on Managed Futures Mutual Funds and CFTC Rule 4.5

Bart Mallon discusses Managed Futures Mutual Funds As we discussed earlier, the CFTC has rescinded the Section 4.13(a)(4) exemption from commodity pool operator (“CPO”) registration.  The CFTC also proposed changes to CFTC Rule 4.5 which would essentially require those managers to managed futures mutual funds to register with the CFTC [...]

26 February

CTA Expo Program in New York 2012

The CTA Expo is probably the best series of events for CTAs in the United States (and now in London) and the New York event is coming up soon. The managed futures industry will be in New York on April 18th for the NIBA Conference event and on April 19th for [...]

12 February

CFTC Rescinds 4.13(a)(4) CPO Registration Exemption

Increases Other Compliance Obligations for CPOs and CTAs  The CFTC recently adopted final rules amending regulations applicable to both CPOs and CTAs. The CFTC also proposed rules with respect to Regulation 4.5 that would require managers to managed futures mutual funds to register as CPOs. Some of the other changes [...]

5 February

NFA Requests Information from CPOs on MF Global Impact

Response Due to NFA by February 14, 2012 CPOs providing advice to commodity pools which used MF Global (MFG) as a FCM have faced a number of issues after the bankruptcy. As the NFA announced shortly after the bankruptcy, CPOs were responsible for alerting investors in the commodity pool about [...]

3 February

Managed Futures Regulation Post-MF Global Bankruptcy

Below is an article I wrote about how the managed futures industry is likely to react after the MF Global bankruptcy. I originally began drafting the article at the end of 2011 and finished it in the first week of January 2012.  As we have already seen, the industry is [...]

27 January

NFA Provides Guidance to CTAs re: MF Global

Trading Program Performance Presentation FAQs Managers registered with the CFTC as either CTAs or CPOs are required to file a disclosure document with the NFA for review by the NFA prior to using the documents to solicit clients/investors.  The disclosure documents are required to conform with certain NFA rules.  The [...]

CFTC May Consider Vote on CPO Registration for Mutual Fund Managers

Three days ago, reports came out that the CFTC could be putting to a private vote the requirement that managed futures mutual funds be subject to marketing and registration rules when they use derivatives tied to commodities, which include commodity futures, options and swaps.  According to individuals who spoke on [...]

15 November

NIBA Petitions For Release of Segregated Funds to MF Global Customers

The National Introducing Brokers Association (NIBA) has started a petition asking the judge in the MF Global bankruptcy proceeding to release customer segregated funds.  Below we have provided the full text of the petition which members of the community can sign by going here.  It is unclear how this would work [...]

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Hedge Fund Legal Services

Cole-Frieman & Mallon LLP provides comprehensive legal services for new and existing hedge funds as well as for other investment management companies.

If you are thinking of starting a hedge fund or an incubator fund, please call Bart Mallon of Cole-Frieman & Mallon LLP today at
415-868-5345.

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