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Proposed RuleOpen for Comment2026-170792026-08-21

Commodity Pool Operators and Commodity Trading Advisors: Reduction of Duplicative Regulation Through Intermediary Registration Exemptions; Expansion of the Exemption for Small Commodity Pools

Commodity Futures Trading Commission

Abstract

The Commodity Futures Trading Commission ("Commission" or "CFTC") is proposing several amendments to its registration requirements for certain commodity pool operators ("CPOs") and commodity trading advisors ("CTAs") to reduce duplicative and overlapping regulation and reflect inflation ("Proposal"). The Proposal would add an exemption from CPO registration for certain investment advisers registered with the Securities and Exchange Commission ("Registered Investment Advisers" or "RIAs") in relation to commodity pools for which the participants are limited to certain sophisticated investors and which meet other conditions; add a related registration exemption for CTAs; and increase the total gross capital contributions threshold in the CPO registration exemption for small commodity pools (commonly referred to as the "Small Pool Exemption") to account for inflation. The Commission preliminarily intends for the Proposal, if adopted, to supersede certain no-action positions issued by the Commission's Market Participants Division ("MPD").

Action & Dates

Action
Notice of proposed rulemaking.
Dates
Comments must be in writing and received by October 5, 2026.

CFR References

Topics

Reporting and recordkeeping requirementsSecuritiesSwaps

Public Comment

Comments Close
2026-10-05 — Open for comment

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Commodity Futures Trading Commission 17 CFR Part 4 RIN 3038-AF78 AGENCY: Commodity Futures Trading Commission. ACTION: Notice of proposed rulemaking. SUMMARY: The Commodity Futures Trading Commission (“Commission” or “CFTC”) is proposing several amendments to its registration requirements for certain commodity pool operators (“CPOs”) and commodity trading advisors (“CTAs”) to reduce duplicative and overlapping regulation and reflect inflation (“Proposal”). The Proposal would add an exemption from CPO registration for certain investment advisers registered with the Securities and Exchange Commission (“Registered Investment Advisers” or “RIAs”) in relation to commodity pools for which the participants are limited to certain sophisticated investors and which meet other conditions; add a related registration exemption for CTAs; and increase the total gross capital contributions threshold in the CPO registration exemption for small commodity pools (commonly referred to as the “Small Pool Exemption”) to account for inflation. The Commission preliminarily intends for the Proposal, if adopted, to supersede certain no-action positions issued by the Commission's Market Participants Division (“MPD”). DATES: Comments must be in writing and received by October 5, 2026. ADDRESSES: You may submit comments, specifically referencing “Commodity Pool Operators and Commodity Trading

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Full Document

Citation: 91 FR 54264