RegAlert2008-01-29 | CFTC Staff Letter 08-02Added · Updated
CFTC Staff Letter 08-02: Exemption from Part 4 Regulations for Listed Commodity Pools
The Division of Clearing and Intermediary Oversight grants exemptive relief to registered commodity pool operator A from specific disclosure, reporting, and recordkeeping requirements under Regulations 4.21, 4.22, and 4.23 for three commodity pools and future similarly structured funds. The relief permits the operator to maintain Disclosure Documents and monthly Account Statements on Internet websites rather than delivering them directly, and allows books and records to be kept by administrator F instead of the operator's main business office. This exemption is conditional upon the funds having shares registered with the SEC and listed on a national securities exchange, and requires the operator to file a notice with NFA for future funds and notify the Division of any material changes in operations or record locations.
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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. 08-02 January 29, 2008 Exemption Division of Clearing and Intermediary Oversight
Re: Regulations 4.21, 4.22 and 4.23
Request for exemption from certain Disclosure Document, reporting and recordkeeping requirements in connection with the operation of certain commodity pools listed for trading on a national securities exchange Dear :
This is in response to your letter dated November 21, 2007, to the Division of Clearing and Intermediary Oversight (the “Division”) of the Commodity Futures Trading Commission (the “Commission”), as supplemented by subsequent letters and e-mail messages (the “correspondence”).1 By the correspondence, you request, on behalf of “A”, a registered commodity pool operator (“CPO”), exemption from certain provisions of Commission Regulations 4.21, 4.22, and 4.23,2 which concern, respectively, the disclosure, reporting and recordkeeping requirements applicable to registered CPOs, in connection with “A” serving as the registered CPO of certain commodity pools. Specifically, those pools are the “B” (in operation since __________); the “C” (in operation since __________); and the “D” (in operation since __________) (each a “Fund” and collectively the “Funds”). We note, as a preliminary matter, your representation that to date, “A” has been in compliance with the regulations from which it now seeks exemption with respect to its operation of each Fund. Based upon the representations made in the correspondence, we understand the facts to be as follows: The offering and sale of units of participation (“Shares) of each Fund has been made pursuant to an effective registration statement filed with the Securities and Exchange Commission (“SEC”) (the “Registration Statement”), and each Fund’s Shares have been listed
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Lineage: Superseded
Timeline
Amended 1 time · last 2010-09-27
- 2010-09-27
CFTCWithdrawal of No-Action Relief for Securities Broker-Dealers Selling Certain Futures Contractssupersedes
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.