Earlier this month, the Commodity Futures Trading Commission proposed rules that would codify certain relief provided to commodity pool operators and commodity trading advisors in the post Dodd-Frank Act years. The relaxation of the prohibition against general solicitation in Rule 144A offerings and certain Rule 506 offerings led to ambiguity regarding CFTC Rules 4.7(b) and 4.13(a)(3) that restricted funds from marketing to the public. A while after the Securities and Exchange Commission's amendments to Rule 144A and Rule 506 became effective, the CFTC staff issued an exemptive letter harmonizing the SEC's and the CFTC's rules provided that CPOs relying on the exemptive relief file a notice with the CFTC. Now, the CFTC amendments would revise Rule 4.7(b) and Rule 4.13(a)(3) to eliminate the prohibition on marketing a pool to the public.
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