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CFTC and NFA Commodities Regulatory Update

By Jeffry M. Henderson, Douglas E. Arend & Aimee Wildstone on March 12, 2019
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Departing from its historical practice but following the approach taken by the SEC and FINRA, the Commodity Futures Trading Commission (CFTC) on Feb. 12, 2019, announced its first release of examination priorities for each of its regulatory divisions. In making the announcement, CFTC Chairman J. Christopher Giancarlo indicated the release is part of CFTC’s “initiative to improve the relationship between the Agency and the entities it regulates, while promoting a culture of compliance at our registrants.”

The Release is divided into three main areas:

  1. Division of Market Oversight (DMO)
  2. Division of Swap Dealer & Intermediary Oversight (DSIO)
  3. Division of Clearing and Risk (DCR)

In another regulatory first, the National Futures Association (NFA) issued a notice to members requiring adoption and implementation of certain internal controls by registered commodity pool operators (CPOs).

Click here to read the full GT Alert.

Photo of Jeffry M. Henderson Jeffry M. Henderson

Jeff Henderson, a former general counsel for a publicly traded futures commission merchant, has deep futures and derivatives industry experience. He focuses his practice on a variety of complex compliance, regulatory, investigation, litigation, and managed fund matters. This representation regularly involves futures, derivatives…

Jeff Henderson, a former general counsel for a publicly traded futures commission merchant, has deep futures and derivatives industry experience. He focuses his practice on a variety of complex compliance, regulatory, investigation, litigation, and managed fund matters. This representation regularly involves futures, derivatives, swaps, forex, securities, cryptocurrency, binary options and prediction markets. He represents and advises a broad range of clients, including futures commission merchants, broker-dealers, investment advisers, commodity trading advisers, introducing brokers, forex trading firms, commodity pool operators, and hedge fund managers. He also provides counsel to a variety of industry participants, including traditional proprietary trading firms and exempt investment managers regarding disclosure matters and compliance obligations and regulatory and enforcement matters. Jeff also has significant experience advising funded-trader proprietary trading firms regarding a wide variety of structuring and regulatory matters. He is also regularly involved in defending members and member firms before CFTC, NFA, SEC and FINRA. His experience includes regulatory matters involving designated contract markets (DCM) and derivatives clearing organizations (DCO), particularly in the area of prediction markets offering event contracts, as well as currently serving as a public director and member of the Regulatory Oversight Committee for a U.S.-based DCM and a DCO involved in prediction markets.

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Photo of Douglas E. Arend Douglas E. Arend

Doug Arend focuses his practice on commodity futures, derivatives and securities, with an emphasis on managed funds. He represents registered and exempt investment advisers, commodity pools and hedge funds, traditional proprietary trading firms, introducing brokers, futures commission merchants and broker-dealers. Doug has significant…

Doug Arend focuses his practice on commodity futures, derivatives and securities, with an emphasis on managed funds. He represents registered and exempt investment advisers, commodity pools and hedge funds, traditional proprietary trading firms, introducing brokers, futures commission merchants and broker-dealers. Doug has significant experience advising funded-trader proprietary trading firms regarding a wide variety of structuring and regulatory matters. He concentrates on complex transactional and regulatory matters, including public and private offerings, fund formation, business structuring, registration and compliance. His experience includes regulatory matters involving designated contract markets and derivatives clearing organizations, particularly in the area of prediction markets offering event contracts.

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Photo of Aimee Wildstone Aimee Wildstone

Aimee loves working in Support because she loves helping people. When she’s not helping lawyers change the law, you’ll find her hiking, biking, or camping.

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  • Posted in:
    Banking, Finance and Securities
  • Blog:
    Financial Services Observer
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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