RegAlert2009-12-18 | CFTC Staff Letter 10-03Added · Updated
CFTC Staff Letter 10-03: No-Action Relief from CPO Registration for General Partners
The Division of Clearing and Intermediary Oversight provides no-action relief to entities A, B, and C from registering as commodity pool operators under Section 4m(1) of the Commodity Exchange Act. This relief applies specifically to their roles as managing partners, general partners, or voting shareholders of Funds 1 through 7, provided that entity D registers and serves as the CPO for all Funds. The Division will not recommend enforcement against A, B, or C for failure to register, subject to the condition that D remains registered and assumes all management authority. The relief does not exempt these entities from other statutory obligations, including antifraud provisions and reporting requirements.
CFTC published 6 documents in the last 30 days — get each new one by email the day it lands.
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. 10-03 No-Action December 18, 2009 Division of Clearing and Intermediary Oversight Re: Section 4m(l) Dear :
This is in response to your letter dated June 9, 2009, to the Division of Clearing and Intermediary Oversight (the “Division”) of the Commodity Futures Trading Commission (the “Commission”), as supplemented by your letters dated August 14, 2009, August 26, 2009 and December 1, 2009, your facsimile transmission dated July 1, 2009, and your email dated December 7, 2009 (collectively, the “correspondence”). By the correspondence, you seek relief from the requirement to register with the Commission as a commodity pool operator (“CPO”) under Section 4m(1) of the Commodity Exchange Act (the “Act”)1 on behalf of: (i) “A”, a registered CPO, in connection with serving as the managing partner of (“Fund 1”); (ii) “B” in connection with operating (“Fund 2”), (“Fund 3”), (“Fund 5”), and (“Fund 6”); and (iii) “C” in connection with serving as the general partner of (“Fund 4”) and (“Fund 7”), such that “D” may register and serve as the CPO of Funds 1 through 7 (each, a “Fund,” and collectively, the “Funds”) instead, while “A” would withdraw his registration as a CPO.2
Read the rest free, and get an email when CFTC publishes again
Lineage: In force
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
More like this from CFTC
CFTC published 6 documents in the last 30 days. We email you each new one the day it's published.