CFTC Staff Letter 02-99 (No-Action): Exemption from Rules 4.7(b)(1), 4.7(b)(2) and 4.7(b)(3) for Master Fund CPO

CFTC Letter 02-99
CFTC Letter No. 02-99
August 23, 2002
Interpretation
Division of Clearing and Intermediary Oversight Re: Commission Rules 4.21 and 4.22; Request for Exemption from Rules 4.7(b)(1), 4.7(b)(2), and 4.7(b) (3) Dear :
This is in response to your letter dated July 29, 2002, to the Division of Clearing and Intermediary Oversight ("Division") of the Commodity Futures Trading Commission ("Commission"), in which you request that “X” registered commodity pool operator ("CPO") and the CPO of the "Master Fund", be granted an exemption from the Disclosure Document delivery requirement and the periodic and annual reporting requirements of Rules 4.21 and 4.22, as modified by Rules 4.7(b)(1), 4.7(b)(2), and 4.7(b)(3). [1] Based upon your representations, we understand the facts to be as follows. In addition to the Master Fund, “X” serves as the CPO of "Feeder Fund I" and "Feeder Fund II" (collectively the "Feeder Funds"). The Master Fund has as its sole participants the Feeder Funds. “X” has previously claimed relief pursuant to Rule 4.7 with respect to the Master Fund and the Feeder Funds. Rules 4.7(b)(1), 4.7(b)(2), and 4.7(b)(3) require that a CPO comply with certain disclosure requirements and periodic and annual reporting requirements, as set forth in the Rules. Therefore, absent the requested exemption, “X”, as the CPO of the Master Fund, would be required to provide certain disclosures and periodic and annual reports 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 Rules 4.7(b)(1), 4.7(b)(2), 4.7 (b)(3), and 4.22.[2] Accordingly, by the authority delegated to it under Rule 140.93(a)(1), the Division hereby exempts “X” from the disclosure and periodic and annual reporting requirements of Rules 4.7(b) (1), 4.7(b)(2), 4.7(b)(3), and 4.22, in connection with its operation of the Master Fund. This relief is subject to the conditions that: (i) “X” remains the CPO of the Master Fund and the Feeder Funds; (ii) “X” limits participation in the Master Fund to the Feeder Funds and any other fund for which it serves as 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.[3] The exemption granted by this letter does not excuse “X” from compliance with any other applicable requirements contained in the Commodity Exchange Act (the "Act")[4] or the Commission's regulations file:///S|/Website%20Management/LegacyDataCopyasof2010-04-21/tm/letters/02letters/tm02-99.htm (1 of 2) [5/6/2010 5:52:34 PM]