CFTC Staff Letter 02-71: Exemption from Rule 4.22 Reporting for Master Fund CPO

CFTC Letter 02-71
CFTC Letter No. 02-71
May 24, 2002
Interpretation
Division of Trading and Markets
Re: Request for Exemption from Rule 4.22
Dear :
This is in response to your letter dated March 18, 1999, a copy of which was re-sent by facsimile on April 25, 2002, to the Division of Trading and Markets ("Division") of the Commodity Futures Trading Commission ("Commission") as supplemented by telephone conversations with Division staff. By your correspondence, you request that “V”, [1] a registered commodity pool operator ("CPO") and the CPO of the "Master Fund",[2] be granted an exemption from the periodic and annual reporting requirements of Rule 4.22.[3] Based upon your representations, we understand the facts to be as follows. In addition to the Master Fund, “V” serves as the CPO of "Feeder Fund I"[4] and "Feeder Fund II".[5] The Master Fund has as its only participants Feeder Fund I and Feeder Fund II (collectively the "Feeder Funds").[6] Rule 4.22 requires that a CPO provide participants with certain periodic and annual reports, as set forth in the Rule. Therefore, absent the requested exemption, “V”, as the CPO of the Master Fund, would be required to provide periodic reports and an annual report to itself as the CPO of the Feeder Funds. Based upon the representations contained in your letter, the Division believes that granting the requested exemption would not be contrary to the public interest and the purposes of Rule 4.22.[7] Accordingly, by the authority delegated to it under Rule 140.93(a)(1), the Division hereby exempts “V” from the periodic and annual reporting requirements of Rule 4.22 in connection with its operation of the Master Fund. This relief is subject to the conditions that: (i) “V” remain the CPO of the Master Fund and the Feeder Funds; (ii) participation in the Master Fund is limited to the Feeder Funds, and any fund for which “V” is the sole CPO; and (iii) the annual reports of the Feeder Funds contain financial statements that include, among other information, the fees associated with the operation of the Master Fund expressed in dollars and a detailed schedule of investments made by the Master fund.[8] The exemption granted by this letter does not excuse “V” from compliance with any other applicable requirements contained in the Commodity Exchange Act (the "Act")[9] or the Commission's regulations issued thereunder. For example, “V” remains subject to all antifraud provisions of the Act and the Commission's regulations, the reporting requirements for traders set forth in Parts 15, 18, and 19 of the regulations and to all other applicable provisions of Part 4. Moreover, this letter is applicable to “V” file:///S|/Website%20Management/LegacyDataCopyasof2010-04-21/tm/letters/02letters/tm02-71.htm (1 of 3) [5/6/2010 5:51:09 PM]