ARTICLE
18 January 2021

Effective And Compliance Dates Set For New CFTC Position Limits For Physical Commodity Derivatives

CW
Cadwalader, Wickersham & Taft LLP

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Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
The final rule will go into effect on March 15, 2021.
United States Finance and Banking
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A CFTC final rule that applies federal speculative position limits to 25 "core referenced futures contracts," including futures and options linked to those contracts and economically equivalent swaps, was published in the Federal Register. The final rule will go into effect on March 15, 2021.

The final rule also adopted a bifurcated compliance date, establishing as the compliance dates:

  • January 1, 2022, for position limits on the 16 non-legacy core referenced futures contracts, subject to the newly adopted CFTC position limits, as well as position limits for associated referenced contracts other than economically equivalent swaps; and
  • January 1, 2023 as the compliance date for position limits on economically equivalent swaps.

See previous coverage of the rule's adoption for more information on the amended requirements for physical commodity derivatives.

Primary Sources

  1. Federal Register: Position Limits for Derivatives

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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