Tuesday, 22 August 2006 21:00

The Commodity Futures Trading Commission (CFTC) has proposed amendments to regulation 4.41, which governs advertising by commodity pool operators (CPOs), commodity trading advisors (CTAs) and their principals. The proposal would: (1) restrict the use of testimonials; (2) clarify the required placement of the prescribed simulated or hypothetical performance disclaimer; and (3) explicitly include within the regulation’s coverage advertisement through electronic media. This action is in furtherance of the Commission’s longstanding position that CPOs, CTAs, and their principals may not advertise in a false, deceptive or misleading manner. The CFTC seeks public comment on the proposed amendments to regulation 4.41.

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