ARTICLE
6 April 2017

CFTC Provides Time-Limited No-Action Relief For Aggregation Notice Filings For Position Limits

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A&O Shearman

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A&O Shearman was formed in 2024 via the merger of two historic firms, Allen & Overy and Shearman & Sterling. With nearly 4,000 lawyers globally, we are equally fluent in English law, U.S. law and the laws of the world’s most dynamic markets. This combination creates a new kind of law firm, one built to achieve unparalleled outcomes for our clients on their most complex, multijurisdictional matters – everywhere in the world. A firm that advises at the forefront of the forces changing the current of global business and that is unrivalled in its global strength. Our clients benefit from the collective experience of teams who work with many of the world’s most influential companies and institutions, and have a history of precedent-setting innovations. Together our lawyers advise more than a third of NYSE-listed businesses, a fifth of the NASDAQ and a notable proportion of the London Stock Exchange, the Euronext, Euronext Paris and the Tokyo and Hong Kong Stock Exchanges.
On February 6 2017 the Commodity Futures Trading Commission (CFTC) Division of Market Oversight (DMO)....
United States Finance and Banking

On February 6 2017 the Commodity Futures Trading Commission (CFTC) Division of Market Oversight (DMO) issued a time-limited no-action letter stating that, from February 14 2017 to August 14 2017, it will not recommend an enforcement action for failure to file a notice when relying on certain aggregation exemptions from federal position limit levels. Before this relief began on February 14 2017, market participants would have been required to file notices to rely on certain aggregation exemptions under CFTC Regulation 150.4(c).

The DMO also announced the availability of a portal that provides the form and manner for filing aggregation exemption notices. This new portal is available on the Forms and Submissions page on the CFTC website. Although the no-action letter provides temporary relief from the aggregation notice filing compliance date of February 14 2017, the DMO is providing the portal for participants who choose – of their own accord during the relief period – to file a notice with the CFTC of their intent to take advantage of certain aggregation exemptions under CFTC Regulation 150.4(c).

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