Quarterly Form NFA-PQR for registered CPOs
The first Form NFA-PQR for newly-registered CPOs whose registration became effective on January 1, 2013 is due sixty days from calendar-quarter end, i.e. by May 31, 2013 for the quarter ended March 31, 2013. Form NFA-PQR is filed every quarter by all registered CPOs. The NFA Form PRQ is distinct from the CFTC Form CPO-PQR which must be filed on a quarterly or annual basis depending on the assets under management (“AUM”) of the firm.
On April 24, the NFA issued an interpretative notice explaining the following:
- Large CPOs (i.e. CPOs with at least $1.5 billion in pool AUM) who are required to file CFTC Form CPO-PQR (Schedules A, B and C) on a quarterly basis with the CFTC within 60 days of the quarter end will only file CFTC Form CPO-PQR and that filing will satisfy their NFA filing requirement as well. No separate filing of Form NFA-PQR is required.
- Mid-size CPOs (i.e. CPOs with AUM between $150 million and $1.5 billion) which have an annual and not a quarterly CFTC filing requirement will continue to be required to file NFA Form PQR for the quarters ending March, June and September, within 60 days of the quarter end. Mid-size CPOs will satisfy the December 31 NFA quarterly filing requirement by filing the annual CFTC Form PQR (Schedules A and B) within 90 days of the close of each calendar year end. The December 31 filing will satisfy the requirement of both CFTC Form CPO-PQR and NFA Form PQR. No separate filing of Form NFA-PQR will be required for the fourth quarter.
- Small CPOs (i.e. CPOs with less than $150 million AUM) which also have an annual and not a quarterly CFTC filing requirement will continue to be required to file NFA Form PQR for the quarters ended March, June and September within 60 days of the quarter end. Small CPOs will satisfy the December 31 NFA quarterly requirement by filing CFTC Form PQR (Schedule A) plus a Schedule of Investments within 90 days of the close of each calendar year end. The December 31 filing will satisfy the requirements of both CFTC Form PQR and NFA Form PQR. No separate filing of Form NFA PQR will be required for the fourth quarter.
- CPOs that file Form PF with the SEC in lieu of CFTC Form PQR because they are also SEC registered advisers will be required to file NFA Form PQR with NFA on a quarterly basis within 60 days of the quarter end, except for the quarter ending December 31. For that quarter, the CPO/registered investment adviser can satisfy NFA’s quarterly requirement by filing CFTC Form PQR (only Schedule A because all other Schedules are substituted by the filing of Form PF) plus a Schedule of Investments within 60 or 90 days, depending on the size of the CPO. No separate filing of Form NFA PQR will be required for the forth quarter.
Quarterly Form NFA-PR for registered CTAs
All registered CTAs must file a quarterly Form NFA-PR within forty-five days from quarter end. This is a new quarterly filing requirement and NFA has not finalized the date of the first required filing. NFA will advise CTA Members of the date of the first quarterly report and provide filing information and instructions well in advance of that date. The NFA announced in its April 24 guidance that no quarterly filing will be due for the quarters ended March 31 or June 30, 2013.
The recent NFA guidance on Forms NFA-PQR and NFA-PR is available online. For the filing requirements of the different types of CPOs and the calculation of pool AUM, please review our previous communiqué titled Filing Dates for Form CPO-PQR and Guidelines for Calculating Assets under Management”