RegAlert2008-08-20 | CFTC Staff Letter 08-15Added · Updated
CFTC Staff Letter 08-15: Exemption from Disclosure, Reporting, and Recordkeeping Requirements for Exchange-Listed Commodity Pools
The Division of Clearing and Intermediary Oversight grants registered commodity pool operators exemption from specific provisions of Regulations 4.21, 4.22, and 4.23 for commodity pools whose shares are listed for trading on a national securities exchange. The relief waives requirements to obtain signed acknowledgments of Disclosure Document receipt from Authorized Participants, deliver monthly Account Statements, and maintain books and records at the operator's main business office, provided the relevant information is made available on the operator's website and records are kept by an Alternate Recordkeeper. Future funds may claim this relief by filing a notice with the National Futures Association confirming that specific representations regarding public offering, exchange listing, and recordkeeping are true and correct. The operator remains fully responsible for compliance with all other disclosure, reporting, and recordkeeping obligations under the Commodity Exchange Act and Commission regulations.
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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 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. 08-15 August 20, 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 June 5, 2008, to the Division of Clearing and Intermediary Oversight (the “Division”) of the Commodity Futures Trading Commission (the “Commission”), as supplemented by subsequent letters (“correspondence”).1 By the correspondence, you request on behalf of a registered commodity pool operator (“CPO”), (“The 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 The CPO’s operation of certain commodity pools. Specifically, those pools are: (each a “Fund” and collectively, “Funds”). 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 will be made pursuant to an effective registration statement filed with the Securities and Exchange Commission (“SEC”) (the “Registration Statement”), and each Fund’s Shares will be listed for trading on a national securities exchange.3 Each Fund has been structured and will be operated
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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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