2010-06-03 | CFTC Staff Letter 10-22Added · Updated
The Division of Clearing and Intermediary Oversight grants a registered commodity pool operator exemption from specific provisions of Commission Regulations 4.21, 4.22, and 4.23 regarding the operation of two commodity pools whose shares are listed for trading on a national securities exchange. The exemption relieves the operator from obtaining signed acknowledgments of Disclosure Documents, delivering monthly Account Statements, and maintaining books and records at its main business office, provided that required information is made available on the operator's website and records are kept by designated administrators or distributors. The operator remains responsible for ensuring record availability to the Commission and National Futures Association, notifying the Division of any changes in record location, and retrieving original records for inspection within forty-eight hours of a 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 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. 10-22 Exemption June 3, 2010 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 two commodity pools whose units of participation will be listed for trading on a national securities exchange Dear :
This is in response to your letters dated March 31, 2010 and May 18, 2010, to the Division of Clearing and Intermediary Oversight (the “Division”) of the Commodity Futures Trading Commission (the “Commission”), as supplemented by e-mail messages dated May 19, 20 and 21, 2010 (the “correspondence”). By the correspondence, you request on behalf of a registered commodity pool operator (“CPO”), “A” (“The CPO”), exemption from certain provisions of 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 The CPO’s operation of “B” and “C” (the “Funds” and each individually a “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 will be made pursuant to an effective registration statement filed with the Securities and Exchange Commission (“SEC”) (the “Registration Statement”), and the Fund’s Shares will be listed for trading on a national securities exchange.2 Each Fund has been structured and will be operated
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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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