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November 19, 2020
NFA's Exemptions System updated for persons seeking registration relief pursuant to CFTC Regulation 4.13
CFTC Regulation 4.13(b) requires a person seeking an exemption from registration under Regulation 4.13 to file electronically a notice of the exemption with NFA through its Exemptions System.
In June 2020, the CFTC amended this regulation to require that this notice include a representation that neither the person nor any of its principals has in its background a statutory disqualification that would require disclosure under section 8a(2) of the Commodity Exchange Act, if such person sought registration.
Beginning today, November 19, 2020, a person seeking relief from CPO registration pursuant to CFTC Regulation 4.13(a)(1), 4.13(a)(2), 4.13(a)(3) or 4.13(a)(5) must complete, in NFA's Exemptions System, a statutory disqualification attestation including this mandated representation. A person that currently has a 4.13 exemption is not required to complete the statutory disqualification attestation until it completes the annual exemption affirmation process in 2021. Any person not completing this attestation will not qualify for the exemption or renewal of the exemption. More information on the annual affirmation process will be distributed in December 2020.
If you have any questions regarding these filing requirements, please contact Mary McHenry, Director, Compliance (email@example.com or 312-781-1420).