Title: 12-24
The Division of Swap Dealer and Intermediary Oversight provided no-action relief to the general partner of a commodity pool from registering as a CPO under Section 4m(1) of the Commodity Exchange Act, and allowed an affiliated CPO (“designee”) to serve as the CPO of the pool instead, where, among other things: (1) the general partner and the designee are under common ownership and control; (2) the general partner has delegated all of its investment management authority to the designee; and (3) the general partner does not engage in the solicitation of investors for the pool and does not manage property of the pool. The relief was subject to the conditions that, among other things: (1) the designee becomes and remains registered as a CPO; and (2) the general partner and the designee execute an agreement by which they each undertake to be jointly and severally liabile for any violation by either of them of the Act or the Commission’s regulations in connection with the operation of the pool.