Title: 09-10


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Description

The CPO of a commodity pool operated pursuant to relief under Regulation 4.12 requested relief from the requirement that an Annual Report be filed within 90-days of the permanent cessation of trading as well as relief from the requirement that an Annual Report be filed within 90-days of the end of the Pool’s fiscal year. Additionally, the CPO requested relief from the certification requirement. Instead of the foregoing, the CPO proposed that it be permitted to file a 15-month Annual Report for the period from January 1, 2008 through March 31, 2009 and that this uncertified Annual Report be considered its final Annual Report for the Pool despite the fact that the Pool remains in possession of an illiquid asset, which constitutes less than one percent of the Pool’s net asset value. DCIO granted relief pursuant to Commission Regulations 140.93 and 4.12(a). The relief was conditioned on the CPO providing certain representations to participants including that the Pool has permanently ceased trading, that the CPO is no longer assessing fees against the Pool, a description of the illiquid asset, a description of the disposition of any income generated by the asset, and a representation that funds will be distributed on a pro rata basis. DCIO also required that the CPO file and distribute a final disclosure upon the disposition of the asset stating that the Pool has finally disposed of the asset.