WASHINGTON — The Commodity Futures Trading Commission’s Market Participants Division today announced it has issued a no-action position for the benefit of providers of passive software. The position is similar to that provided in Staff Letter 26-09 and now is broadly available to such providers.

The letter states that, subject to certain specified conditions, MPD will not recommend the Commission take enforcement action against any such provider or their relevant personnel for failure to register as an introducing broker or associated person of an introducing broker. This applies solely in relation to their provision and marketing of software to facilitate trading by the provider’s users with registered futures commission merchants, introducing brokers, and designated contract markets.