This section is organized as follows: A The pool's operator, commodity trading advisor , and the principals thereof;. B A child, sibling or parent of any of these participants;. C The spouse of any participant specified in paragraph a 2 iii A or B of this section; and.

D Any relative of a participant specified in paragraph a 2 iii A , B or C of this section, its spouse or a relative of its spouse, who has the same principal residence as such participant ;. B The aggregate net notional value of such positions, determined at the time the most recent position was established, does not exceed percent of the liquidation value of the pool's portfolio, after taking into account unrealized profits and unrealized losses on any such positions it has entered into.

For the purpose of this paragraph:.

Dollars of such transaction, at the time the transaction was established, excluding for this purpose the value in U. Dollars of offsetting long and short transactions, if any, and for any cleared swap by the value as determined consistent with the terms of 17 CFR part 45 ; and.

B A trust that is not an accredited investor but that was formed by an accredited investor for the benefit of a family member ;. E A person eligible to participate in a pool for which the pool operator can claim exemption from registration under paragraph a 4 of this section; and. A A statement that the person is exempt from registration with the Commission as a commodity pool operator and that therefore, unlike a registered commodity pool operator , it is not required to deliver a Disclosure Document and a certified annual report to participants in the pool; and.

B A description of the criteria pursuant to which it qualifies for such exemption from registration. Each person who has filed a notice of exemption from registration under this section must affirm on an annual basis the notice of exemption from registration, withdraw such exemption due to the cessation of activities requiring registration or exemption therefrom, or withdraw such exemption and apply for registration within 60 days of the calendar year end through National Futures Association's electronic exemption filing system.

This amendment must be filed electronically within 15 business days after the pool operator becomes aware of the occurrence of such event. All such books and records must be available for inspection upon the request of any representative of the Commission , the United States Department of Justice, or any other appropriate regulatory agency; and.

That information must be presented and computed in accordance with generally accepted accounting principles consistently applied. If the person is granted registration as a commodity pool operator , it must comply with the provisions of this part with respect to each such pool. A A statement that it will operate the pool as if the person was exempt from registration as a commodity pool operator ;.

B A description of the criteria pursuant to which it will so operate the pool;. This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site. The following are ALL rules, proposed rules, and notices chronologically published in the Federal Register relating to 17 CFR Part 4 after this date.

The Commodity Futures Trading Commission Commission or CFTC is amending certain of its regulations applicable to the financial reports that each person registered or required to be registered as a commodity pool operator CPO must provide for each commodity pool that it operates.

Permit the use of additional alternative generally accepted accounting principles, standards or practices; provide relief from the Annual Report audit requirement under certain circumstances; and make clear that an audited Annual Report must be distributed and submitted at least once during the life of a pool. On August 5, , the Commodity Futures Trading Commission Commission or CFTC published in the Federal Register a notice of proposed rulemaking Proposal to amend certain of its regulations applicable to the Annual Report that each person registered or required to be registered as a commodity pool operator CPO must distribute for each commodity pool that it operates.

As is explained below, the Commission is extending for two weeks the comment period for the Proposal. The Commodity Futures Trading Commission Commission or CFTC is proposing to amend certain of its regulations applicable to the Annual Report that each person registered or required to be registered as a commodity pool operator CPO must distribute for each commodity pool that it operates Proposal.

Specifically, the Proposal addresses the use of additional alternative generally accepted accounting principles, standards or practices, and the Annual Report audit requirement where the first fiscal year of a pool consists of a period of three months or less from the date of formation of the pool.

The Commission has proposed and finalized numerous rules to satisfy its obligations under the DFA. This rulemaking makes a number of conforming amendments to integrate the CFTC's regulations more fully with the new framework created by the Dodd-Frank Act. The Commodity Futures Trading Commission Commission is amending its regulations governing the operations and activities of commodity pool operators CPOs and commodity trading advisors CTAs in order to have those regulations reflect changes made to the Commodity Exchange Act CEA by the Dodd-Frank Wall Street Reform and Consumer Protection Act Dodd-Frank Act.

The Commodity Futures Trading Commission is adopting amendments to its existing part 4 regulations and promulgating one new regulation regarding Commodity Pool Operators and Commodity Trading Advisors.

The Commission is also adopting new data collections for CPOs and CTAs that are consistent with a data collection required under the Dodd-Frank Act for entities registered with both the Commission and the Securities and Exchange Commission.

Finally, the adopted amendments include new risk disclosure requirements for CPOs and CTAs regarding swap transactions. In 17 CFR Part 4, beginning on page , in the second column, in 31st line of text, amendatory instructions and their corresponding amendments to the Code of Federal Regulations are being republished as follows:. The adopted amendments rescind the exemption from registration; rescind relief from the certification requirement for annual reports provided to operators of certain pools offered only to qualified eligible persons QEPs; modify the criteria for claiming relief ; and require the annual filing of notices claiming exemptive relief under several sections of the Commission's regulations.

These rules prescribe external business conduct standards for swap dealers and major swap participants.

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Code Rulemaking What Cites Me. Approved by the Office of Management and Budget under control number United States Code U. Title 17 published on May Compliance Obligations GPO FDSys XML Text Additional Documents type regulations. In 17 CFR Part 4, beginning on page , in the second column, in 31st line of text, amendatory instructions and their corresponding amendments to the Code of Federal Regulations are being republished as follows: GPO FDSys XML Text Additional Documents type regulations.

The section you are viewing is cited by the following CFR sections. Securities Law Clinic ; Clarke Business Law Institute. GPO FDSys XML Text.

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Additional Documents type regulations. Summary The Commodity Futures Trading Commission Commission or CFTC is amending certain of its regulations applicable to the financial reports that each person registered or required to be registered as a commodity pool operator CPO must provide for each commodity pool that it operates.

The comment period for the Proposal published on August 5, , at 81 FR , is extended until September 20, Summary On August 5, , the Commodity Futures Trading Commission Commission or CFTC published in the Federal Register a notice of proposed rulemaking Proposal to amend certain of its regulations applicable to the Annual Report that each person registered or required to be registered as a commodity pool operator CPO must distribute for each commodity pool that it operates.

Summary The Commodity Futures Trading Commission Commission or CFTC is proposing to amend certain of its regulations applicable to the Annual Report that each person registered or required to be registered as a commodity pool operator CPO must distribute for each commodity pool that it operates Proposal. Moreover, the publication of these rules trigger the conditional compliance date that was established in the Commodity Pool Operators and Commodity Trading Advisors: Summary The Commodity Futures Trading Commission Commission is amending its regulations governing the operations and activities of commodity pool operators CPOs and commodity trading advisors CTAs in order to have those regulations reflect changes made to the Commodity Exchange Act CEA by the Dodd-Frank Wall Street Reform and Consumer Protection Act Dodd-Frank Act.

Summary The Commodity Futures Trading Commission is adopting amendments to its existing part 4 regulations and promulgating one new regulation regarding Commodity Pool Operators and Commodity Trading Advisors. Compliance with all other amendments, not otherwise specified above, shall be required by December 31, These final rules will become effective on April 17, Swap dealers and major swap participants must comply with the rules in subpart H of part 23 on the later of days after the effective date of these rules or the date on which swap dealers or major swap participants are required to apply for registration pursuant to Commission rule 3.