CFTC Staff Letters

The CPOs of two pools requested an extension of time for the filing of the pools’ 2008 annual reports beyond June 29, 2009 due to a delay in the receipt of financial statements from investee pools. DCIO determined that the interests of participants in receiving timely information outweighed the CPOs’ hardship and DENIED the request.

The CPO of a pool requested permission to file a 15-month annual report for the period from October 1, 2008 through December 31, 2009 due to a change in the pool’s fiscal year end. Pursuant to Commission Regulations 140.93 and 4.12(a), DCIO granted the relief requested.

The CPO of commodity pool requested relief to use IFRS in lieu of US GAAP. DCIO granted relief pursuant to Commission Regulations 140.93 and 4.12(a).

The CPO of commodity pool requested relief to use IFRS in lieu of US GAAP. DCIO granted relief pursuant to Commission Regulations 140.93 and 4.12(a).

The CPO of commodity pool requested relief to use IFRS in lieu of US GAAP. DCIO granted relief pursuant to Commission Regulations 140.93 and 4.12(a).

The CPO of commodity pool requested relief to use IFRS in lieu of US GAAP. DCIO granted relief pursuant to Commission Regulations 140.93 and 4.12(a).

The CPO of commodity pool with no participants and less than $1,XXX in total assets requested relief from Commission Regulation 4.22(d), which requires certification of the pool’s annual report. The pool’s sole participant redeemed his entire interest of $3XX,XXX in June of 2008, and the pool retained funds solely for the purpose of keeping open two checking and savings accounts. The CPO submitted a signed waiver from the pool’s participant consenting to the exemption from the certified annual relief requirement. DCIO granted relief pursuant to Commission Regulations 140.93 and 4.12(a).

The CPO of a commodity pool that liquidated at the close of the 2008 fiscal year requested relief from Commission Regulation 4.22 (d), which requires certification of the pool’s annual report. The pool had, at the time of liquidation, $2,XXX,XXX in total assets and nine participants. The CPO submitted signed waivers from each of the pool’s participants consenting to the exemption from the certified annual relief requirement. DCIO granted relief pursuant to Commission Regulations 140.93 and 4.12(a).

The CPO of a commodity pool requested relief from Commission Regulation 4.22 (d), which requires certification of the pool’s annual report. The pool had only one participant, who was proprietary, until September of 2008, when the pool added a second participant, who was not proprietary. The pool’s total capital contributions amounted to $2,XXX,XXX, 77.5% of which was from the non-proprietary participant. The CPO submitted signed waivers from each of the pool’s participants consenting to the exemption from the certified annual relief requirement. DCIO granted relief pursuant to Commission Regulations 140.93 and 4.12(a), but conditioned such relief upon the future filing of a certified annual report for the period of January 1, 2008 through December 31, 2009 in accordance with Regulations 4.22(c) and (d).

The CPO of a commodity pool that commenced operations in September of 2008 requested relief from Commission Regulation 4.22 (d), which requires certification of the pool’s annual report. The pool had only eight participants, total capital contributions of $3XX,XXX and, as of the close of its fiscal year, $6X,XXX in net asset value. The CPO submitted signed waivers from each of the pool’s participants consenting to the exemption from the certified annual relief requirement. DCIO granted relief pursuant to Commission Regulations 140.93 and 4.12(a), but conditioned such relief upon the future filing of a certified annual report for the period of September 1, 2008 through December 31, 2009 in accordance with Regulations 4.22(c) and (d).