On August 13, the U.S. Commodity Futures Trading Commission (CFTC) Market Oversight Division issued a regulatory advisory reminding designated contract markets (DCM) of their regulatory obligations when self-certifying market maker, liquidity, trading, or incentive programs under CFTC Rules 40.5 and 40.6. The advisory addresses the increasing number of incentive program rule filings submitted under CFTC Rule 40.6(a), particularly those related to event contract products. The CFTC noted that some of these filings contain procedural or substantive deficiencies. These deficiencies may hinder staff's ability to assess whether the DCM has adequately notified the terms of the programs and whether it has sufficiently evaluated the compliance of the relevant programs with core principles and other regulatory requirements of the Commission. The guidance clarifies staff expectations regarding the procedural and substantive requirements when submitting materials under CFTC Rules 40.5 and 40.6, including initial submissions of incentive programs, amendments or changes to relevant programs, and submission procedures.
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