NFA and CFTC Regulation, Compliance and Defense
My RIA Lawyer provides compliance and legal services to Commodity Pool Operators (CPOs)/Commodity Trading Advisers (CTAs) and National Futures Association (NFA)-registered entities and persons. Our services are tailored to our specific client’s needs while also helping them meet NFA and Commodity Futures Trading Commission (CFTC) regulatory standards.
We will also act as the your outsourced NFA CCO to help meet the needs of clients and business partners in this space.
STAGE 1- CPO/CTA REGISTRATION
- Assist with your entity’s registration as a CPO or CTA and the registration of personnel to become Principals and/or Associated Persons of the CPO/CTA.
- Assist in annual renewal filings to secure exemptive relief relevant to the CPO/CTA’s organizational structure/operating environment.
STAGE 2 – DEVELOP A CPO/CTA COMPLIANCE PROGRAM
- We will work with your firm to develop Written Supervisory Procedures (WSPs) and a customized Compliance Program Risk and Organizational Matrix for each of your commodity pools.
- If you have an existing compliance program that requires modification to incorporate rules and regulations of a CPO/CTA, we will conduct a gap analysis aimed at leveraging your firm’s existing policies and procedures. This will allow you to administer a robust compliance program while avoiding the costly, fixed expenses associated with hiring in-house compliance specialists and attorneys.
STAGE 3 – ON-GOING CPO/CTA COMPLIANCE CONSULTING
We will assist you with your specific compliance needs, including each CPO’s/CTA’s annual & quarterly NFA obligations, in addition to:
- Annual questionnaires and registration updates.
- PQR Filings.
- Self-examination checklists.
- Business continuity reviews.
- Full compliance training.
- Quarterly CPO filings.
- Financial statement filings.
- Mock NFA examinations.
- Full Compliance training
NFA Investigations, Examinations and Disciplinary Proceedings
Disciplinary actions resulting from these investigations and examinations can have a significant impact on any registered “members” and “associate members” careers. Sanctions for violations of the Commodity Exchange Act (CEA) and NFA rules and regulations, may result in: a reprimand, substantial fines, orders to repay customers (restitution) for their losses, suspensions and you being expelled from association with any NFA member firm. The issues raised in these investigations, examinations and disciplinary proceedings are very rule intensive and can involve the minutiae of the commodities industry.
Don’t try to go through it alone. Get an experienced attorney on your side.