Records of Commodity Interest and Related Cash or Forward Transactions

Samenvatting

The Commodity Futures Trading Commission (the "Commission" or "CFTC") is amending Commission Regulation 1.35(a) to: Provide that all records required to be maintained under this regulation must be maintained in a form and manner which permits prompt, accurate and reliable location, access, and retrieval of any particular record, data, or information; clarify that all records, except records of oral and written communications leading to the execution of a commodity interest transaction and related cash or forward transactions, must be kept in a form and manner that allows for identification of a particular transaction; exclude members of designated contract markets ("DCMs") and of swap execution facilities ("SEFs") that are not registered or required to register with the Commission ("Unregistered Members") from the requirements to keep written communications that lead to the execution of a commodity interest transaction and related cash or forward transactions, keep text messages, and keep records in a particular form and manner; and exclude commodity trading advisors ("CTAs") from the oral recordkeeping requirement ("Final Rule").