Malik Law Group

678.279.5478 [email protected]


Commodity Pool Operators and Commodity Trading Advisers

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.

Examples of Commodity Pool Operators Transactions:

Organization of numerous U.S. and Non-U.S. commodity pools across multiple jurisdictions;

Registration of CPOs and CTAs with the CFTC and submitting disclosure documents;

Providing advice as to available registration exemptions for CPOs and CTAs and electronically filing applicable exemption notices;

Representation of commodity traders using Non-U.S. firms for clearing and execution; and

Representation of a Kazakhstani investment manager with respect to the organization of a British Virgin Islands (“BVI”) commodity pool trading in Forex.