RegAlert2006-07-12 | CFTC Staff Letter 06-15Added · Updated
CFTC Staff Letter 06-15: Exemption from Disclosure, Reporting, and Recordkeeping Requirements for Registered CPO
The Division of Clearing and Intermediary Oversight grants exemptive relief to registered commodity pool operator "A" regarding the operation of Fund "B", a publicly offered and listed commodity pool structured similarly to an exchange-traded fund. The relief exempts "A" from Regulation 4.21(b) by allowing the waiver of signed acknowledgment of receipt for Disclosure Documents when shares are sold by the Initial Purchaser or Authorized Participants, provided the documents are maintained on designated websites. It also exempts "A" from Regulation 4.22 by waiving the requirement to deliver monthly Account Statements to secondary market purchasers, provided the information is available on the Fund's and "A"'s websites. Additionally, the Division exempts "A" from Regulation 4.23's location requirement, permitting books and records to be kept by administrator "F" and distributor "H" rather than at "A"'s main business office, subject to conditions including notification of location changes and availability for inspection within forty-eight hours upon request.
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U.S. COMMODITY FUTURES TRADING COMMISSION
Three Lafayette Centre
1155 21st Street, NW, Washington, DC 20581
Telephone: (202) 418-5430
Facsimile: (202) 418-5547 aradhakrishnan@cftc.gov Division of Clearing and Intermediary Oversight Ananda Radhakrishnan Director CFTC letter No. 06-15 July 12, 2006 Exemption Division of Clearing and Intermediary Oversight
Re: Regulations 4.21, 4.22 and 4.23
“A” – Request for relief from certain Disclosure Document, recordkeeping and reporting requirements in connection with the operation of “B” Dear :
This is in response to your letter dated April 4, 2006, to the Division of Clearing and Intermediary Oversight (the “Division”) of the Commodity Futures Trading Commission (the “Commission”), as supplemented by your e-mail messages and telephone conversations with Division staff (the “correspondence”). By the correspondence, you request, on behalf of “A”, a registered commodity pool operator (“CPO”), certain relief from Commission Regulations 4.21, 4.22, and 4.23,1 which concern, respectively, the disclosure, reporting and recordkeeping requirements applicable to registered CPOs, in connection with “A” serving as the registered CPO of “B” (the “Fund”).2
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Source: Commodity Futures Trading Commission — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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CFTC published 6 documents in the last 30 days. We email you each new one the day it's published.