The Commodity Futures Trading Commission (CFTC) today approved final conforming amendments to Part 4 of its regulations, which govern the operations and activities of commodity pool operators (CPOs) and commodity trading advisors (CTAs). These amendments are necessary to reflect changes made to the Commodity Exchange Act by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). The amendments were approved by the Commission via a seriatim vote of 5 to 0, and will become final 60 days from the date of publication in the Federal Register.
The Dodd-Frank Act broadened the CPO and CTA definitions in the Commodity Exchange Act to include swap-related activity. The final amendments conform Part 4 to these changes by requiring CPOs and CTAs to include information on swap intermediaries and activities under the disclosure, reporting and recordkeeping requirements of Part 4. The final regulations enhance customer protections, as CPOs and CTA will be subject to the same regulatory structure for both their futures and swaps activities.