RegAlert2010-06-07 | CFTC Staff Letter 10-23Added · Updated
CFTC Staff Letter 10-23: Exemption from Part 4 Disclosure, Reporting, and Recordkeeping Requirements for Exchange-Listed Commodity Pool Units
The Division of Clearing and Intermediary Oversight exempts a registered commodity pool operator from specific provisions of Regulations 4.21, 4.22, and 4.23 regarding the operation of a commodity pool whose units are listed on a national securities exchange. The exemption waives requirements to obtain signed acknowledgments of Disclosure Document receipt and to deliver monthly Account Statements, provided the relevant information is maintained and updated on the operator's website. Additionally, the operator is permitted to keep required books and records at an administrator's office rather than its main business office, subject to conditions including immediate notification of location changes and the ability to retrieve records 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 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. 10-23 Exemption June 7, 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 commodity pools whose units of participation will be listed for trading on a national securities exchange Dear :
This is in response to your letter dated April 9, 2010, to the Division of Clearing and Intermediary Oversight (the “Division”) of the Commodity Futures Trading Commission (the “Commission”), as supplemented by your e-mail message dated June 3, 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 (the “Relief”), in connection with The CPO’s operation of “B” (the “Fund”), a commodity pool that is currently the only series of the “C” (the “Trust”). 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 the 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 The Fund has been structured and will be operated in a manner
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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.