CFTC Staff Letters Archive

CFTC Staff Letters Archive provides Letters from 2007 and earlier. For Letters published 2008 or later visit the All Letters page.

There are no Advisory Letters or Other Written Communications for 2007 or earlier.

Date	PDF and Description
09/02/1994	94-85 ; Regulations 1.33 and 1.46;; No-Action The Division of Trading and Markets permitted an FCM to engage a registered IB and CPO to perform certain order entry and trade processing functions, without indicating on the respective trade statements that the IB/CPO introduced the accounts for which it performed those functions. (T&M)
08/30/1994	94-88 ; Regulation 4.7;; No-Action The Division of Trading and Markets permitted a CPO to treat certain non-QEPs as QEPs, where the non-QEPs were accredited investors, and employees of, or related to, the CPO. (T&M)
08/29/1994	95-32 ; Rule 4.7;; No-Action The CPOs of three commodity pools, in which not all of the participants are QEPs, may invest more than ten percent of the pools' assets in Rule 4.7 exempt pools (notwithstanding Rule 4.7(a)(l)(ii)(B)(2)(xi)), provided that, the CPOs notify the non-QEP participants of the intended investment and give them an opportunity to redeem their pool interests within 10 days of the notification. Relief is based, in part, upon representations that: (1) all the non-QEPs were investors before Rule 4.7 was adopted; (2) all had contributed at least $100,000; (3) all were "accredited investors"; and (4) the CPOs would continue to comply with the reporting and recordkeeping requirements of Rules 4.22 and 4.23
08/26/1994	95-31 ; CEAct 4m(l), Rules 3.10 and 4.23;; Exemption "A", an offshore co-general partner of an offshore pool, is not required to register as a CPO where: (2) "A" is wholly owned by "B", also a co-general partner and a registered CPO; (2) "A" has no responsibility or authority regarding soliciting investors or managing the pool's investment or trading activities; and (3) "A" and "B" accept joint and several liability in connection with the pool's operation
07/26/1994	94-79 ; Section 4m(1);; No-Action The Division of Trading and Markets granted CPO and CTA registration no-action relief to the general partner of a limited partnership that was a CBOE broker dealer, where the broker dealer would trade commodity interests for hedging purposes. (T&M)
07/25/1994	94-95 ; Regulation 4.7;; No-Action The Division of Trading and Markets permitted a CPO to treat certain non-QEPs as QEPs, where the non-QEPs were attorneys involved in corporate and finance practices and were otherwise sophisticated in securities and financial matters. (T&M)
07/21/1994	94-67 ; Regulations 1.31 and 1.35;; No-Action The Division of Trading and Markets permitted an FCM to employ an automated office order preparation and recordkeeping system that was not identical to that required by the Commission?s regulations, finding that the system was not inconsistent with that required by the regulations. (T&M)
07/21/1994	94-66 ; Regulation 4.7;; No-Action The Division of Trading and Markets permitted a CPO to treat certain non-QEPs as QEPs, where the non-QEPs had significant investment experience. (T&M)
07/20/1994	94-73 ; Regulation 4.7;; No-Action The Division of Trading and Markets provided relief to a CPO from the ?ten percent limitation? of Regulation 4.7. (T&M)
07/18/1994	94-89 ; Section 4m(1);; No-Action The Division of Trading and Markets granted CPO registration no-action relief to a natural person general partner of a fund, where he was the sole director and a principal shareholder of the corporate general partner of the fund, which was registered as a CPO. (T&M)