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Agriculture, softs and metals trading

Eversheds Sutherland is a leading adviser to commodity trading firms, commodity merchants, financial entities and commercial end-users that engage in physical and derivatives trading for hedging, financing and speculative purposes. Our clients trade agricultural and soft commodities, as well as both base and precious metals. Whatever your needs, we are ready to help you.

Experienced agriculture, softs and metals trading lawyers

As commercial firms adapt to derivatives reform around the world, we will work closely with you to determine the requirements applicable to your business. We also design and implement related compliance and operational measures. As a prominent advocate on all phases of derivatives reform, our work extends to implementation and compliance, as well as preparation for regulatory audits and enforcement activity.

Our agriculture, softs and metals trading practices advise on enforcement, investigations, rulemakings and other matters before numerous significant regulatory and investigatory bodies, including:

  • the Commodity Futures Trading Commission (CFTC)
  • the Department of Agriculture (USDA)
  • the Department of Justice (DOJ)
  • the Environmental Protection Agency (EPA)
  • the Federal Energy Regulatory Commission (FERC)
  • the Federal Grain Inspection Service (FGIS)
  • the Federal Trade Commission (FTC)
  • the Foreign Agricultural Service (FAS)
  • the Securities and Exchange Commission (SEC)
  • the Treasury Department including the Alcohol and Tobacco Tax and Trade Bureau (TTB)

Along with regulatory matters, we offer a full range of services to help you successfully manage commodities derivatives activities, including negotiating derivatives documentation, advising on tax and disclosure implications, analyzing and applying valuation methodologies for terminated derivatives transactions. In addition to advice on standard bilateral trading documentation, our lawyers negotiate futures customer account agreements, cleared swap documentation, prime brokerage and futures commission merchant (FCM) agreements, master netting agreements and margin lending facilities.

We have a high-profile presence in the UK and EU markets and regularly advise soft commodity traders on drafting sale contracts, storage/warehousing agreements and litigation matters. In the litigation space, we regularly advise on a wide range of disputes involving the Federation of Oils, Seeds and Fats Associations Ltd (FOSFA) the Grain and Feed Trade Association (GAFTA), arbitration and High Court litigation across a wide range of soft commodities including wheat, corn, maize, barley, sunflower seeds/oil, soybean (meal), rye, rice, palm kernel (including expeller and oil), rapeseed (and oil) and vegetable oil.

Contact our agriculture, softs and metals trading team

If you would like any further information or need advice on agriculture, softs and metals trading matters, please contact our legal team.

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