ASF Receives CFTC Interpretative Letter and No Action Letter re Commodity Pools
October 12, 2012
On October 11, ASF received an interpretative letter from the Commodity Futures Trading Commission (CFTC) regarding compliance with commodity pool regulations that provides relief to certain securitization vehicles. In addition, on October 12, ASF received a letter from the CFTC providing temporary registration and other no-action relief with certain conditions until December 31, 2012.
ASF is continuing our ongoing dialogue with the CFTC and advocacy regarding our October 5 request seeking interim and permanent relief for securitization trusts and other financial entities from regulation as commodity pools. In drafting the letter, we tried to include a broad array of products, without limiting transactions based on whether they are publicly or privately offered, or cross-border. Special thanks to the hard work of Ellen Marks of Latham and Watkins LLP and the ASF CPO Working Group in producing this letter.
CFTC Interpretative Letter: Request for Exclusion from Commodity Pool Regulation for Securitization Vehicles - October 11, 2012
CFTC No-Action Letter: Registration Relief for Certain Persons - October 12, 2012
ASF Request: Interim and Permanent CPO Relief re Securitization - October 5, 2012
CFTC Interpretative Letter to the National Association of Real Estate Investment Trusts: Definition of "Commodity Pool" under Section 1a(10) of the Commodity Exchange Act - October 11, 2012