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September 22, 2009
Effective Date of NFA Requirements Prohibiting Loans by Commodity Pools to CPOs and Related Entities
NFA has received notice that the Commodity Futures Trading Commission ("CFTC") has approved new NFA Compliance Rule 2-45. This Rule and its accompanying Interpretive Notice, which both became effective September 11, 2009, prohibit commodity pools from making direct or indirect loans or advances of pool assets to the CPO or any other affiliated person or entity.
CPOs that currently have existing loan or advance arrangements between their pools and the CPO, the CPO's principals, or related entities must notify NFA of these arrangements by October 22, 2009. The written notification to NFA should describe the reason for the loan or advance; indicate the interest the CPO is paying, if any; provide evidence that the loan or advance is secured by marketable, liquid assets; explain arrangements the CPO has made to pay back the loan or advance, if any; and include an executed copy of the loan or advance agreement. In addition, the CPO must provide NFA with written evidence that pool participants were informed about the loan or advance through a disclosure contained in the disclosure document, offering memorandum or other correspondence.
NFA will review the information provided to ensure, among other things, that participants received a full disclosure of the arrangements and that the loans and advances are secured by marketable liquid assets. Depending on the results of the review, NFA will determine if a CPO needs to take any additional steps regarding a particular loan or advance. NFA may also recommend disciplinary action if warranted by our review of the circumstances.
More information about NFA Compliance Rule 2-45, and the accompanying Interpretive Notice, can be found in NFA's August 26, 2009 Submission Letter to the CFTC. Questions concerning these changes should be directed to Mary McHenry, Senior Manager, Compliance (firstname.lastname@example.org or 312-781-1420) or Tracey Hunt, Senior Manager, Compliance (email@example.com or 312-781-1284).