For both Position Limits and Accountability Levels, aggregation of positions across accounts is based on ownership or trading control. All positions in accounts for which any person directly or indirectly controls trading or holds a 10% or greater ownership or equity interest must be aggregated with the position held and trading done by such person.

Parties who’d like to be exempt from aggregation in all contracts subject to Exchange position limits must comply with the provisions of CFTC Regulation 150.4(c) and make a filing with the Market Regulation Department (the Department) according to the guidance in the following Market Regulation Advisory Notice. Filings for contracts not subject to federal position limits may occur at any time prior to exceeding a position limit. After exceeding the limit, the filing should occur within a reasonable period of time, which is generally considered five business days.

For contracts also subject to federal limits, the CFTC has specific timing requirements set forth in CFTC Regulation 150.4(c) for which the CFTC Division of Market Oversight has provided no-action relief and parties must provide a copy of the CFTC filing to the Department via the email address listed in the applicable Market Regulation Advisory Notice.

Upon request by the Department, parties must be able to demonstrate they meet the applicable requirements for the exemption.

For official regulatory guidance, reference the applicable Market Regulation Advisory Notice.