In addition to those listed for U.S. Hedge Funds/Investment Funds, Malik Law Group’s investment attorneys provide legal services for commodity pools, commodity pool operators and trading advisers. Services include:
Drafting the fund’s disclosure document, filing it through the National Future Association’s (“NFA’s”) electronic disclosure document system, and working with the NFA through the conclusion of the review, comment, and acceptance process
Updating the disclosure document at least every 9 months
Filing annual financial statements, quarterly reports, and other notices for the pool through the NFA’s EasyFile system
Submitting applicable pool exemptions and exclusions through the NFA’s exemption system
Determining a CPO’s or CTA’s registration requirements with the Commodity Futures Trading Commission (“CFTC”) and membership requirements with the National Futures Association (“NFA”)
Identifying potential registration exemptions applicable to certain CPOs or CTAs
Registering a CPO or CTA with the CFTC
Filing an exemption from CPO or CTA registration through the NFA’s exemption system
Drafting and reviewing sub-advisory contracts, investment management agreements, and consulting and solicitation agreements
Developing and implementing compliance programs, codes of ethics, and regulatory controls and procedures
Reviewing advertising and marketing materials for compliance with disclosure and advertising regulatory compliance
Spearheading a CPO’s or CTA’s preparation for, and response to, surprise audits or examinations by the CFTC
In summary, Malik Law Group guides the CPOs and CTAs through the registration process and ensures compliance with the CFTC’s rules thereafter.