09-11
Title: 09-11
The CPO of two commodity pools 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 two commodity pools 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 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.
The CPO requested relief from the requirement of Regulation 4.22(c) that the Pool file a certified Annual Report within 90 days of the end of the fiscal year on December 31, 2008. The CPO requested permission to file a single, certified Annual Report for the Pool for the 16-month period from January 1, 2008 through April 29, 2009, upon which date the Pool ceased trading and began distributing funds to participants. The CPO also requested an extension of the 90-day period from July 29, 2009 to September 30, 2009.
The CPO of a commodity pool with the majority of its assets embroiled in a bankruptcy requested relief from the ongoing reporting requirements under Part 4. The CPO filed an Annual Report for the Pool for the 2007 fiscal year, which contained information regarding the bankruptcy.
The CPO of a commodity pool with a de minimus amount of its assets embroiled in a bankruptcy requested relief from the ongoing reporting requirements under Part 4. The CPO filed an Annual Report for the Pool for the 2008 fiscal year, which contained information regarding the illiquid assets.
The CPO of a commodity pool requested that DCIO agree to accept the Annual Report for the period from January 1, 2008 through October 31, 2008 as the Pool’s final annual report despite the fact that the Pool had not fully liquidated due to the illiquid nature of two assets relating to the bankruptcies of two corporations. The two assets constituted less than one percent of the Pool’s net asset value and all other funds have been returned to participants.
The CPO of a commodity pool that operated pursuant to an exemption under Regulation 4.7 requested exemptive relief to permit it to file a final annual report for the period from January 1, 2008 through January 31, 2009. The Pool had nine participants on the date that the Trustee for the Pool determined to liquidate and a net asset value of $3X,XXX,XXX. The Pool made its final distribution to participants on January 31, 2009. DIO granted relief pursuant to Commission Regulations 140.93 and 4.12(a).
The CPO of a commodity pool with illiquid assets requested relief from the ongoing reporting requirements under Part 4. The CPO intended to file an Annual Report for the Pool for the 2008 fiscal year, which would contain information regarding those assets.
The Division of Clearing 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, registered 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 management authority to the designee; (3) the general partner does not engage in the solicitation of investors for the pool and does not manage pr
The Division of Clearing 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, registered 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 management authority to the designee; (3) the general partner does not engage in the solicitation of investors for the pool and does not manage pr