Proposed Position Limits for Derivatives

The Asset Management Group (AMG) of SIFMA provides supplemental comments to the Commodity Futures Trading Commission (CFTC) on a Notice of Proposed Rulemaking relating to position limits under Section 737 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd Frank Act). SIFMA AMG believes that common ownership (i.e. related affiliates) should not necessitate the requirement to aggregate positions across entities towards any position limit.  This mandate completely disregards independent management that frequently exists and the separate investment objectives across entities.  In addition, there is a major practical concern regarding information sharing between affiliates – doing so may require a breach of fiduciary duty.  SIFMA AMG provided their first set of comments on the proposal to the CFTC on March  28, 2011.