Interpretative relief from the definition of “commodity pool” for certain real estate holding companies.

Interpretative relief granted that states that a pool that is only funded and traded by two brothers is not a commodity pool

The Division of Swap Dealer and Intermediary Oversight issued an interpretation that a limited liability company whose members were all family members was not a commodity pool within the meaning and intent of Regulation 4.10(d)(1) and, consequently, that the managing member was not a CPO thereof.

The Division of Clearing and Intermediary Oversight issued an interpretation that a limited liability company and a trust operated by the limited liability company are not commodity pools where all participants are close family members.