2012-12-07 | CFTC Staff Letter 12-44

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CFTC Staff Letter 12-44: No-Action Relief from CPO Registration for Mortgage REITs

The Division of Swap Dealer and Intermediary Oversight grants no-action relief from Commodity Pool Operator registration requirements to operators of mortgage real estate investment trusts that limit initial margin and premiums to no more than 5 percent of total assets and restrict non-qualifying hedging income to less than 5 percent of gross income. Relief is contingent upon the entity not marketing its interests as a commodity pool and identifying itself as a mortgage REIT on Form 1120-REIT. Eligible operators must file a signed claim via email to dsionoaction@cftc.gov with the subject line "mREIT" by December 31, 2012, or within 30 days of operation for new entities.

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