Conditional Time-Limited No-Action Relief from Certain Ownership and Control Data Reporting Requirements Under Parts 17, 18 and 20

U.S. COMMODITY FUTURES TRADING COMMISSION
Three Lafayette Centre
Division of
Market Oversight
CFTC Letter No. 14-95
No-Action
July 23, 2014
Division ofMarket Oversight
1155 21st Street, NW
Washington, DC 20581
Telephone: (202) 418-5000
Facsimile: (202) 418-5521
Conditional Time-Limited No-Action Relief from Certain Ownership and Control (OCR) Data Reporting Requirements Under Parts 17, 18 and 20 of the Commission's Regulations July 23, 2014 Walt L. Luldcen President and ChiefExecutive Officer The Futures Industry Association 2001 Pennsylvania Avenue NW Suite 600 Washington, DC 20006 Dear Mr. Luldcen:
This letter is in response to your request dated June 6, 2014 (the "PIA Letter"), to the Division of Market Oversight ("DMO" or "Division") of the Commodity Futures Trading Commission ("Commission"), on behalf of the members of the Futures Industry Association ("PIA") that are required to submit reports under Pmis 15, 17, 18 and 20 of the Commission's regulations. In the PIA Letter, you requested no-action relief from certain data reporting requirements of Pmis 17, 18 and 20 of the Commission's regulations that were implemented pursuant to the OCR Final Rule (as defined in section B below). In the PIA Letter, you assert that the industry needs sufficient time to build and test systems in keeping with industry standard technology risk management practices for purposes of complying with the electronic repotiing requirements of the OCR Final Rule. You also assert that, in addition to the technical development necessitated by the OCR Final Rule, the industry needs more time to educate clients globally and collect the new data required for OCR reporting. You request relief for repotiing entities from: (i) submitting automated forms 102A and 102S until February 11, 2015; (ii) submitting automated form 102B until March 11, 2015; and (iii) submitting automated forms 40 and 71, which are sent by the Commission in its discretion via special call, until February 11, 2016.

A. Summary of Relief Granted
The Division believes that the following time-limited no-action relief is warranted:

• Relief from electronically reporting via New Form 102A and New Form 10281 until
  February 11, 2015;

• Relief from electronically reporting via New Form 102B until March 11, 2015; and

• Relief from electronically reporting via New Form 40/408 and New Form 71 until
  February 11, 2016.
  The no-action relief described in this no-action letter may be relied upon by all parties that are obligated to report pursuant to the OCR Final Rule on any ofNew Form 102A, New Form 102B, New Form 102S, New Form 40/40S and New Form 71 (collectively, "Repmiing Parties"). As further described below, among other conditions, the no-action relief described above is subject to Repmiing Pmiies reporting to the Commission via Legacy Form 102, the Legacy 102S Filing, Legacy Form 40 and the Legacy 40S Filing in accordance with the repmiing requirements in place prior to the implementation of the OCR Final Rule, until the applicable transition dates specified below, or such earlier date that the Division may determine. Notwithstanding the no-action relief provided herein, the compliance date for the additional recordkeeping obligations imposed by§ 18.05, as amended by the OCR Final Rule, remains August 15, 2014, the compliance date set forth in the OCR Final Rule. B. Background; OCR Final Rule On November 18, 2013, the Commission adopted new rules and related forms to enhance its identification of futures and swap market patiicipants (the "OCR Final Rule")? The OCR Final Rule expands upon the Commission's pre-existing position and transaction repmiing programs by requiring the electronic submission of trader identification and market pmiicipant data on updated Form 102 ("New Form 102") and Form 40 ("New Form 40"), and on entirely new Form 71 ("New Form 71 "). New Form 102 is subdivided into three parts ("New Form 102A," "New Form 1 02B," and "New Form 1 02S"). New Form 1 02B is an entirely new form, introduced by the OCR Final Rule. Among other fields, the new and updated forms require the reporting of the following information:

• New Form 102A: a position-based repmiing form, which requires the repmiing of both
  special accounts and the trading accounts that comprise special accounts.

• New Form 1 02B: requires the repmiing of trading accounts that exceed a stated volume
  threshold during a single trading day ("volume threshold accounts"), regardless of whether these positions remain open at the end of the day. 1 See the discussion below for the definition of capitalized terms used in this section A, and additional terms and conditions regarding the no-action relief summarized in section A. 2 Commission, Ownership and Control Reports, Forms 102/102S, 40/40S, and 71; Final Rule, 78 FR 69178 (November 18, 2013). Terms not otherwise defined in this no-action letter shall have the meaning assigned to them in the OCR Final Rule or in the Commission's regulations.

• New Form 1 02S: facilitates the electronic submission of 1 02S filings, and requires
  position-based repmiing of consolidated accounts in the swaps market.

• New Form 40/40S: sent by the Commission to reporting traders via special call to collect
  identifying information regarding traders.

• New Form 71: sent by the Commission via special call to collect additional information
  on omnibus volume threshold accounts identified on New Form 102B.
  The OCR Final Rule also amends§ 18.05 to impose additional recordkeeping obligations upon certain categories of persons required by the rule to submit data to the Commission. As discussed in the OCR Final Rule, the Commission is developing both a web-based pmial and a secure FTP transmission through which Repmiing Parties will submit and update their reporting forms. The OCR Final Rule provides that Repmiing Patiies may submit the required information through either electronic submission method. The compliance date of the OCR Final Rule is August 15, 2014.
  C. Summary of FIA Letter
  In the PIA Letter, you represented that the tasks required to build a secure, efficient and reliable technology infrastructure to house and deliver the data required by the OCR Final Rule include:
  (1) Building a database to house the customer infmmation that resides in various systems within the firm as well as data that has never before been collected; (2) Expanding the data collection to include an entirely new class of repmiable accounts triggered by a volume threshold; (3) Designing trigger files that determine when accounts are repmiable; (4) Designing systems that detect change updates and report them to the Commission; (5) Designing systems that detect annual refresh dates and prompt clients to review the data; (6) Designing a secure system to protect highly confidential data petiaining to clients and natural persons; and (7) Changing internal processes in order to meet the deadlines included in the OCR Final Rule. You stated in the PIA Letter that the requested compliance dates of February 2015 and February 2016 will also respect the annual technology freeze scheduled by fitms at the end of the year that extends (on a firm-by-firm basis) from early November until mid-to-late January. You fmiher represented in the PIA Letter that the industry needs more time to educate clients of PIA member firms with repmiing obligations globally and collect the new data required for OCR reporting. You represented that questions raised by client representatives over the past several months indicate that the client community is not ready to supply information regarding account ownership and control that must be repmied pursuant to the OCR Final Rule.

D. Conditional No-action Relief from Submitting Information via New Form 102A and New Form 102S Until11:59 p.m. Eastern Time on February 11,2015 Summary o[Relie[Granted: The Division is providing relieffi'om electronically reporting via New Formi02A and New Form I02S until11:59 p.m. eastern time on Februmy 11, 20I5, provided that Reporting Parties comply with the reporting practice that was in place prior to the implementation of the OCR Final Rule, by reporting via Legacy Form I 02 and the Legacy I 02S Filing (as such terms are defined belm1) until11:59 p.m. eastern time on Februmy 11, 20I5, or such earlier date that the Division may determine. The Division believes that time-limited no-action relief is warranted for certain repmiing obligations under Pmis 17 and 20 of the Commission's regulations that were implemented by the OCR Final Rule. Subject to the conditions below, the Division will not recommend that the Commissi~m commence an enforcement action against a Repmiing Party for failure to repmi via New Form 102A or New Form 102S, as required by Pmis 17 and 20, until11:59 p.m. eastern time on February 11, 2015? The no-action relief described in this section Dis subject to Repmiing Pmiies reporting via Legacy Form 102 and the Legacy 102S Filing until11:59 p.m. eastern time on February 11, 2015, or such earlier date that the Division may determine. Such repmiing must be consistent in all respects with the time, form and manner of the Legacy Form 102 repmiing practice and the Legacy 1 02S reporting practice. In pmiicular, the no-action relief described in this section D is subject to Repmiing Pmiies reporting via Legacy Form 102 and the Legacy 102S Filing in accordance with the following conditions:4

• Report via Legacy Form 1 02
  o As used herein, "Legacy Form 102" refers to the Form 102 required prior to the implementation of the OCR Final Rule, which is available on the Commission's website. 5 See Appendix A hereto for additional instructions for completing Legacy Form 102 in accordance with the legacy repmiing practice. o Within three business days of the first day that a special account is reported to the Commission pursuant to§ 17.00(a) by a futures commission merchant, clearing member, or foreign broker, in accordance with instructions by the Commission or its designee, such pmiy must submit Legacy Form 102 to the Commission in 3 The reporting requirements with respect to New Form 1 02A and New Form 1 02S were implemented by theOCRFinalRule,andariseunder: §§ 17.01(a), 17.01(d), 17.01(e)and 17.02(b)(NewForm 102A);and 20.5(a)(l), 20.5(a)(2), 20.5(a)(4) and 20.5(a)(5) (New Form 102S). 4 When submitting either Legacy Form 102 or New Form 102A, Reporting Parties should report special accounts pursuant to § 17.00 and on the applicable 102 form on a disaggregated basis, if the parties have been so instructed by the Commission or its designee. All Reporting Parties should provide position reporting on the applicable 102 form based on control of a special account. As an example, if a special account is controlled by one Reporting Party but owned by another, such account should be repotied only by the Reporting Patty that controls the special account. See OCR Final Rule at 69184 for fmiher details. 5 See the link below to the Commission's website for a copy of Legacy Form 102:
  http:/ /www.cftc.gov/Forms/ssLINK/cftcform I 02

accordance with instructions by the Commission or its designee, showing the information in paragraphs (a) through (f) of Appendix A hereto. o On call by the Commission or its designee, a futures commission merchant, clearing member, or foreign broker must identify the type of special account specified by items 1(a), 1(b), or 1(c) of Legacy Form 102, and the name and location ofthe person to be identified in item 1(d) on Legacy Form 102, and submit such information by facsimile or telephone, in accordance with instructions by the Commission or its designee, on the same day that the special account in question is first repmied to the Commission by such party. o Legacy Form 102 updates. If, at the time an account is in special account status and a Legacy Form 102 filed by a futures commission merchant, clearing member, or foreign broker is then no longer accurate because there has been a change in the information required under paragraph (b) of Appendix A to this no￾action letter since the previous filing, the futures commission merchant, clearing member, or foreign broker must file an updated Legacy Form 102 with the Commission within three business days after such change occurs. o Exclusively self-cleared contracts. Unless determined otherwise by the Commission, repmiing markets that list exclusively self-cleared contracts must submit and update Legacy Form 102, as the requirement to submit and update Legacy Form 102 applies to trading in such contracts by all clearing members, on behalf of all clearing members. o The Legacy Form 102 repmiing practice described above and on Appendix A is refened to herein as the "Legacy Form 102 repmiing practice."

• Report via Legacy 102S Filings
  o Within three days following the first day that a counterpatiy consolidated account first becomes reportable, or at such time as instructed by the Commission upon special call, a repmiing entity6 must submit a 1 02S filing, which must consist of the name, address, and contact information of the counterparty and a brief description of the nature of such person's paired swaps and swaptions market activity (the "Legacy 1 02S Filing"). 7 o A reporting entity may submit a Legacy 1 02S Filing only once for each counterpatiy, even if such persons at various times have multiple repmiable positions in the same or different paired swaps or swaptions. However, reporting entities must update a Legacy 1 02S Filing if the information provided is no longer accurate. o The 1 02S reporting practice described above is referred to herein as the "Legacy 1 02S reporting practice." 6 See § 20.1 of the Commission's regulations for the definition of"reporting entity." 7 Patiies should submit a Legacy 1 02S Filing in accordance with the specifications set fmth in the Large Trader Repmting for Physical Commodity Swaps: Division of Market Oversight Guidebook for Pmt 20 Repmts (as amended from time to time, the "102S Guidebook"). The current version ofthe 102S Guidebook is available at the link below:
  http://www .cft:c.gov/ucm/ groups/pub lic/@newsroom/documents/tlle/ltrguidebook053112.pdf

The no-action relief described in this section Dis also subject to the following condition:
o Rep01iing Pmiies Shall Cooperate with Staff of the Commission's Office of Data and Technology ("ODT") to Test and Implement Electronic Rep01iing Methods o Prior to the implementation of electronic rep01iing via New Form 102A and New Form 102S on February 11, 2015, Rep01iing Pmiies must cooperate with ODT staff as requested to test and implement any information technology standards or systems associated with the OCR Final Rule. During this testing period, Reporting Pmiies must provide all test data or form filings requested by ODT staff, in the form and manner requested by staff. 8 Rep01iing Pmiies must also provide statt;s reports on their implementation efforts upon request by ODT. E. Conditional No-action Relief from Submitting Information via New Form 102B Until11:59 p.m. Eastern Time on March 11,2015 Summan1 o[Relie[Granted: The Division is providing relieffi'om electronically reporting via Ne1-v Form 102B until11:59 p.m. eastern time on March 11, 2015, provided that Reporting Parties comply with the reporting practice that was in place prior to the implementation of the OCR Final Rule, by reporting via Legacy Form 102 and the Legacy 1 02S Filing until11 :59 p.m. eastern time on February 11, 2015, or such earlier date that the Division may determine. 9 The Division believes that time-limited no-action relief is wan·anted for certain rep01iing obligations under Part 17 of the Commission's regulations that were implemented by the OCR Final Rule. Subject to the conditions in section D above and the condition below, the Division will not recommend that the Commission commence an enforcement action against a Reporting Pmiy for failure to rep01i via New Form 102B, as required by Part 17, unti111:59 p.m. eastern time on March 11, 2015. 10

• Reporting Pmiies Shall Cooperate with ODT Staff to Test and Implement Electronic
  Reporting Methods
  8 The Commission will protect proprietaty information consistent with the Freedom of Information Act, 5 U.S.C. 552, and 17 CPR part 145, "Commission Records and Information." In addition,§ 8(a)(l) of the Commodity Exchange Act (the "Act") strictly prohibits the Commission, unless specifically authorized by the Act, from making public "data and information that would separately disclose the business transactions or market positions of any person and trade secrets or names of customers." The Commission is also required to protect cetiain information contained in a government system of records according to the Privacy Act of 1974, 5 U.S.C. 552a. 9 As noted in section D above, the transition from Legacy Form 102 and the Legacy Form 102S filing to New Form 102A and New Form 102S will occur at 11:59 p.m. eastern time on February 11, 2015, or such earlier date that the Division may determine .. 10 The reporting requirements with respect to New Form 102B were implemented by the OCR Final Rule, and arise under§§ 17.01(b ), 17.01(d), 17.0l(e) and 17.02( c). As noted above, New Form 102B is an entirely new form introduced by the OCR Final Rule, and as a result there is no legacy Form 1 02B reporting method.

o Prior to the implementation of electronic repmiing via New F mm 1 02B on March 11, 2015, Reporting Patiies must cooperate with ODT staff as requested to test and implement any information technology standards or systems associated with the OCR Final Rule. During this testing period, Repmiing Patiies must provide all test data or form filings requested by ODT staff, in the form and manner requested by staff. Repmiing Patiies must also provide status repmis on their implementation effmis upon request by ODT. F. Conditional No-action Relief from Submitting Information via New Form 40/408 and New Form 71 Until11:59 p.m. Eastern Time on February 11, 2016 Summary o[Relie(Granted: The Division is providing relieffi·om electronically reporting via New Form 40/40S and New Form 71 until11:59 p.m. eastern time on February 11, 2016, provided that Reporting Parties comply with the Form 40/40S reporting practice that was in place prior to the implementation of the OCR Final Rule, by reporting via Legacy Form 40 and the Legacy 40S Filing (as such terms are defined below) until11:59 p.m. eastern time on February 11, 2016, or such earlier date that the Division may determine. In addition, the Division believes that time-limited no-action relief is warranted for ce1iain additional reporting obligations under Parts 17 and 18 of the Commission's regulations that were implemented by the OCR Final Rule. Subject to the condition below, the Division will not recommend that the Commission commence an enforcement action against a Repmiing Trader11 for failure to repoti via New Form 40, as required by Pati 18. In addition, the Division will not recommend that the Commission commence an enforcement action against a Repmiing Party for failure to report via New Form 71, as required by Pati 17. 12 The no-action relief with respect to New Form 40 and New Form 71 described in this paragraph ends in each case at 11:59 p.m. eastern time on February 11, 2016. The no-action relief described above with respect to New Fmm 40 is subject to Repmiing Traders reporting via Legacy Form 40 until11 :59 p.m. eastern time on February 11,2016, or such earlier date that the Division may determine. Such repmiing must be consistent in all respects with the time, form and manner of the Legacy Form 40 repmiing practice. In patiicular, this no-action relief is subject to Repmiing Traders repmiing via Legacy Form 40 in accordance with the following condition:

• Report via Legacy Form 40
  o As used herein, "Legacy Form 40" refers to the Form 40 required prior to the implementation of the OCR Final Rule, which is available on the Commission's 11 As used herein, "Reporting Traders" means patiies that are obligated to report pursuant to the OCR Final Rule on New Form 40/40S. 12 The reporting requirements with respect to New Form 40 and New Form 71 were implemented by the OCR Final Rule, and arise under§§ 18.04 (New Form 40), and 17.01(c) and 17.01(e) (New Form 71). As noted above, New Form 71 is an entirely new form introduced by the OCR Final Rule, and as a result there is no legacy Form 71 reporting method.

website. 13 See Appendix B hereto for additional instructions for completing Legacy Form 40 in accordance with the legacy reporting practice. o Every trader who holds or controls a reportable futures and option position must, after a special call upon such trader by the Commission or its designee, file with the Commission a "Statement ofRepmiing Trader" on Legacy Form 40, at such time and place as directed in the call. o The Legacy Form 40 reporting practice described above and on Appendix B is referred to herein as the "Legacy Form 40 repmiing practice." The no-action relief described in this section F is also subject to the following condition:

• Repmiing Parties Shall Cooperate with ODT Staff to Test and Implement Electronic
  Reporting Methods o Prior to the implementation of electronic reporting via New Form 40 and New Form 71 on February 11, 2016, Repmiing Patiies must cooperate with ODT staff as requested to test and implement any information technology standards or systems associated with the OCR Final Rule. During this testing period, Repmiing Parties must provide all test data or form filings requested by ODT staff, in the fmm and manner requested by staff. Repmiing Parties must also provide status reports on their implementation efforts upon request by ODT. For the avoidance of doubt, the no-action relief and conditions described in this section F with respect to New Form 40 also apply to the obligation to submit New Form 40S pursuant to § 20.5(b). As a result, all references in this section F to New Form 40 and Legacy Form 40, including the no-action relief and conditions described in this section F, shall apply equally to New Form 40S and the legacy 40S filing (the "Legacy 40S Filing") required by§ 20.5(b). The repmiing practice by which patiies submit the Legacy 40S Filing in accordance with § 20.5(b) is referred to herein as the "Legacy 40S repmiing practice." G. Compliance Date for Additional Recordkeeping Obligations Imposed by Amended § 18.05 Remains August 15, 2014 The compliance date for the additional recordkeeping obligations imposed by§ 18.05, as amended by the OCR Final Rule, remains August 15, 2014, the compliance date set forth in the OCR Final Rule. Amended§ 18.05 imposes additional recordkeeping obligations upon four new categories of market participants: (1) owners of volume threshold accounts reported on New Form 102B; (2) controllers of volume threshold accounts reported on New Form 102B; (3) owners ofrepmiable sub-accounts reported on New Form 71; and (4) controllers ofrepmiable sub-accounts reported on New Form 71. H. Conclusion The no-action relief provided in this no-action letter is time-limited, and ends in all respects as follows:
  13 See the link below to the Commission's website for a copy of Legacy Form 40:
  http://www.cftc.gov/Forms/ssLINK/cftcform40

e The no-action relief provided in section D of this no-action letter ends at 11:59 p.m. eastern time on February 11, 2015;

• The no-action relief provided in section E of this no-action letter ends at 11:59 p.m.
  eastern time on March 11, 2015; and
• The no-action relief provided in section F of this no-action letter ends at 11:59 p.m.
  eastern time on February 11, 2016.

This letter, and the no-action position taken herein, which is based on your representations, represents the views of the Division only, and does not necessarily represent the position or views ofthe Commission or of any other division or office ofthe Commission's staff. The no￾action position taken herein does not excuse affected persons from compliance with any other applicable requirements of the Commodity Exchange Act or the regulations thereunder. As with all no-action letters, the Division retains the authority to, in its discretion, further condition, modify, suspend, terminate or otherwise restrict the terms of the no-action relief provided herein. If you have any questions concerning this correspondence, please contact Sebastian Pujol Schott, Associate Director, DMO, at (202) 418-5641, or Mark Schlegel, Special Counsel, DMO, at (202) 418-5055. Sincerely yours, Vincent McGonagle Director Division of Market Oversight

Appendix A14
Detailed Instructions on Submitting Legacy Form 10215 Special account designation and identification. When a special account is reported for the first time, the futures commission merchant, clearing member, or foreign broker shall identify the account to the Commission on Legacy Form 102, in the form and manner specified in section D of this no-action letter, showing the information in paragraphs (a) through (f) of this Appendix A. (a) Special account designator. A unique identifier for the account, provided, that the same designator is assigned for option and futures reporting, and the designator is not changed or assigned to another account without prior approval of the Commission or its designee. (b) Special account identification. The name, address, business phone, and for individuals, the person's job title and employer for the following:
(1) The person originating the account, if the special account is a house omnibus or customer omnibus account; or (2) The person (i.e., individual, corporation, partnership, etc.) who owns the special account, if such person (or an employee or officer) also controls the trading of the special account. And, in addition:
(i) The registration status of the person as a commodity trading advisor or a securities investment advisor; (ii) The legal organization of the person and the person's principal business or occupation; (iii) Account numbers and account names included in the special account, if different than supplied in paragraph (b)(2) of this Appendix A; (iv) The name and location of all persons not identified in paragraph (b)(2) of this Appendix A having a ten percent or more financial interest in the special account, indicating those having discretionary trading over the account; and (v) For special accounts with five or fewer persons having trading authority, the names and locations of all persons with trading authority that have not been identified in paragraphs (b )(2) or (b)(2)(iv) ofthis Appendix A; or (3) The account controller, if trading of the special account is controlled by a person or legal entity who is an independent account controller for the account owners as defined in § 150.1 (e) of the Commission's regulations. And, in addition:
(i) The registration status of the person as a commodity trading advisor or a securities investment advisor; (ii) [Reserved] (iii) If fewer than ten accounts are under control of the independent advisor, for each account the account number and the name and location of each person having a ten percent or more financial interest in the account; and 14 See the link below to the Commission's website for general information on submitting forms to the Commission:
http://www.cftc.gov/Forms/index.htm
15 See the link below to the Commission's website for a copy of Legacy Form 102:
http://www.cftc.gov/Forms/ssLINK/cftcform I 02

(iv) On call by the Commission or its designee, for each account controlled by the independent advisor, the account number and account name and the name and location of each person having a ten percent or more financial interest in the account. (c) [Reserved] (d) Commercial use. For futures or options, commodities in which positions or transactions in the account are associated with a commercial activity of the account owner in a related cash commodity or activity (i.e., those considered as hedging, risk-reducing, or otherwise off-setting with respect to the cash commodity or activity). (e) Account executive. The name and business telephone number of the associated person of the futures commission merchant who has solicited and is responsible for the account or, in the case of an introduced account, the name and business telephone number of the introducing broker who introduced the account. (f) Reporting firms. The name and address of the futures commission merchant, clearing member, or foreign broker carrying the account, and the name, title and business phone of the authorized representative of the firm filing the Legacy Form 102 and the date of the Legacy Form 102. The authorized representative shall sign the Legacy Form 102 or satisfy such other requirements for authenticating the repmi as instructed in writing by the Commission or its designee.

Detailed Instructions on Submitting Legacy Form 4016 AppendixB Every trader who holds or controls a repmiable futures and option position shall after a special call upon such trader by the Commission or its designee file with the Commission a "Statement ofRepmiing Trader" on the Legacy Form 40 at such time and place as directed in the call. All traders shall complete pati A of the Legacy Form 40 and, in addition, shall complete:
Part B--Ifthe trader is an individual, a partnership or a joint tenant.
Pati C--If the trader is a corporation or type of trader other than an individual, patinership, or joint tenant. (a) Information to be furnished by all traders in pati A of the Legacy Form 40 shall include:
(1) Name and address of repmiing trader.
(2) Principal business and occupation of the reporting trader and, in addition, whether transactions are made for, on behalf of, or in association with, a customer trading program of a futures commission merchant, a commodity pool, a producer cooperative, any business activities in which the trader is commercially engaged, or for personal use. (3) Type oftrader. (4) Registration status with the Commission, if any. (5) The name and address of each person whose option or futures trading is controlled by the repmiing trader. Provided that if the repmiing trader is a customer trading program, or the commodity trading advisor thereof, that is a managed or guided account program in which ten or more persons patiicipatc, the information furnished may be limited to the name of any commodity pool which participates in the program and the name and address of the CPO. ( 6) The name, address and business phone of each person who controls the trading of the reporting trader. (7) The names and locations of all futures commission merchants, clearing members, introducing brokers, and foreign brokers through whom accounts owned or controlled by the reporting trader are carried or introduced at the time of filing a Legacy Form 40, if such accounts are carried through more than one futures commission merchant, clearing member or foreign broker or carried through more than one office of the same futures commission merchant, clearing member or foreign broker, or introduced by more than one introducing broker clearing accounts through the same futures commission merchant, and the name of the repotiing trader's account executive at each fitm or office of the firm. (8) The names and locations (city and state) of persons who guarantee the futures or option trading accounts of the reporting trader or who have a financial interest of 1 0 percent or more in the repmiing trader or the accounts of the reporting trader. (9) The following information concerning other option or futures trading accounts which the reporting trader guarantees or other futures or option traders or accounts in which the reporting trader has a financial interest of 10 percent or more:
(i) The natnes of traders for whom the reporting trader guarantees accounts or in which the reporting trader has a financial interest; 16 See the link below to the Commission's website for a copy of Legacy Form 40:
http://www.cftc.gov/Forms/ssLINK/cftcfonn40

(ii) The names of the accounts that the repmiing trader guarantees or in which the reporting trader has a financial interest; and (iii) The names and locations of the brokerage firms at which the accounts are carried. (1 0) Information concerning ownership or control by a foreign government, agent of a foreign government entity specially acknowledged by a statute or regulation of a foreign jurisdiction or entity financed by a foreign government either through ownership of capital assets or provision of operating expenses. (11) Signature of the trader and date of signing the repmi. If the reporting trader is an organization, the signature must be that of a partner, officer or trustee authorized to sign on behalf of that organization. (b) Information to be furnished in pati B of the Legacy Form 40 shall include:
( 1) Business telephone number of the repmiing trader.
(2) Employer and job title if the repmiing trader is an individual.
(3) The following information if a trader makes transactions or holds positions in a futures or option contract where such transactions or positions normally represent a substitute for transactions to be made or positions to be taken at a later time in a physical marketing channel, and the transactions or positions are economically appropriate to the reduction of risks in the conduct and management of a commercial enterprise:
(i) Commercial activity associated with use of the option or futures market (such as and including production, merchandising or processing of a cash commodity, asset or liability risk management by depository institutions, or security portfolio risk management). (ii) Physical commodities underlying use of the futures or option markets. (iii) Futures or option markets used. ( 4) The name, address, and type of any organization in which the repmiing trader patiicipates in the management if such organization holds another futures or option trading account. ( 5) If the reporting trader is a partnership or joint tenant, the name and address of each patiner (excluding limited partners in commodity pools) or joint tenant and the name of the patiner or joint tenant who ordinarily places orders. (c) Information to be furnished in pati C of the Legacy Form 40 shall include:
(1) Whether or not the repotiing trader is organized under the laws of any state (including the District of Columbia) or territory or possession of the United States or under the laws of any foreign jurisdiction. Reporting traders organized outside the jurisdiction of the United States must indicate the country of origin. (2) The names of parent firms and whether or not they are organized under the laws of any state (including the District of Columbia) or tenitory of possession of the United States and the location of each headquatier' s office. (3) Names and locations of all subsidiary firms that trade in commodity futures or options and whether or not the subsidiary firms are organized under the law of any state (including the District of Columbia) or tenitory or possession of the United States. (4) Name, address, and business telephone number ofperson(s) actually controlling the trading and, if different persons are responsible for different commodities or options, the commodities or options for which each controller has responsibility. (5) Name, office address and business telephone number of person or persons to contact regarding trading.

( 6) The following information if a trader makes transactions or holds positions in a futures or option contract where such transactions or positions normally represent a substitute for transactions to be made or positions to be taken at a later time in a physical marketing channel and the transactions or positions are economically appropriate to the reduction of risks in the conduct and management of a commercial enterprise:
(i) Commercial activity associated with use of the option or futures market (e.g., production, merchandising or processing of a cash commodity, asset/liability risk management by depository institutions, security portfolio risk management, etc.) (ii) Physical commodities underlying use of the futures or option markets. (iii) Futures or option markets used.