Exemptions

Commodity pool operators (CPO) and commodity trading advisors (CTA) must electronically file with NFA all notices of exclusion or exemption from CFTC Part 4 requirements using NFA's Exemptions System. Under certain circumstances, CTAs may file for exemption from registration with NFA. In order to access this system, the CTA's security manager(s) must set-up EasyFile Security.

Annual Affirmation Process

CFTC regulations require any person claiming an exemption or exclusion from CPO registration under CFTC Regulation 4.5, 4.13(a)(1), 4.13(a)(2), 4.13(a)(3), 4.13(a)(5) or an exemption from CTA registration under 4.14(a)(8) to annually affirm the applicable notice of exemption or exclusion within 60 days of the calendar year end. At the end of each year, NFA emails a reminder of the affirmation period. Failure to affirm exemptions or exclusions will be deemed a request to withdraw the exemption or exclusion and therefore, will result in the automatic withdrawal of the exemption or exclusion once the 60 day period has elapsed.  The affirmation process can be completed by logging into the Exemptions System below.

Failure to affirm an active exemption or exclusion from CPO or CTA registration will result in the exemption/exclusion being withdrawn after the 60 day period has ended. For registered CPOs or CTAs, withdrawal of the exemption/exclusion will result in the firm being subject to Part 4 Requirements for that pool regardless of whether the firm otherwise remains eligible for the exemption/exclusion. For non-registrants, the withdrawal of the exemption may subject you to enforcement action by the CFTC.