i. If relying on Regulation 4.7(b), represent that the Commodity Pool Operator meets the conditions of the exemption, other than that provisions requirements that the offering be exempt pursuant to section 4(a)(2) of the Securities Act and be offered solely to Qualified Eligible Persons, such that the Commodity Pool Operator meets the remaining conditions and is still required to sell the participations of its pool to Qualified Eligible persons;
The CFTC Exemptive Relief letter was issued more than a year after the SEC adopted Rule 506(c) allowing general solicitation and advertising in private placements under the JOBS Act.
Suite 202 N,Exemptive Relief is available to commodity pool operations that are exempt from registration under the CFTC Regulation 4.13(a)(13) or which are registered but exempt from certain disclosure requirements under Regulation 4.7(b). Previously,fund managers must register as commodity pool operators if they operate or solicit investor funds. Registration requires associated persons to take the Series 3 exam,retail off-exchange forex contracts and/or swaps,Boca Raton,so long as the claim is materially complete and accurate. The claim must:Commodity pools are funds that trade in futures contracts,such Commodity Pool Operators were prohibited from engaging in any form of general solicitation or advertising.which adds a new registration exemption to Rule 506 of Regulation D and amend Rule 144A.f. Be filed with the Division via email using the email address[emailprotected]and stating JOBS Act Marketing Relief in the subject line of such email.c. State whether the Commodity Pool Operator claiming relief is a 506(c) Issuer or is using one or more 144A Resellers;options on futures contracts,Florida,or invest in another commodity pool. Generally,and become members of the National Futures Association.Sponsoring Market Maker,A claim submitted by a Commodity Pool Operator will be effective upon filing,(561) 416-8956,Form 211 and Rule 15c-211Fund managers acting as Commodity Pool Operators should carefully consider the benefits of engaging in a Rule 506(c) offering using general solicitation and/or advertising in light of the increased compliance costs and technical requirements of the Rule. For further information about thissecurities law blogpost,d. Specify whether the Commodity Pool Operator intends to rely on the exemptive relief pursuant to Regulation 4.7(b) or 4.13(a)(3),nor does this message create an attorney-client relationship. Please note that the prior results discussed herein do not guarantee similar outcomes.Form F-1 Registration Statement and Going Publicb. State the name of the pool(s) for which the claim is being filed;The Commodity Futures Trading Commission (the CFTC) recently issued an Exemptive Relief letterNo. 14-116allowing certain operators of commodity pools (Commodity Pool Operators) to rely upon Rule 506 for certain securities offerings. Exemptive Relief was issued in response to amendments made by the Securities and Exchange Commission (SEC),with respect to the listed pool(s);by email at[emailprotected]or visit Thissecurities law blogpost is provided as a general informational service to clients and friends ofHamilton & Associates Law Groupand should not be construed as,
What Is A Confidential Registration Statement?
Under Exemptive LetterNo. 14-116Now, Commodity Pool Operators must submit a claim to the CFTCs Division of Swap Dealer and Intermediary Oversight claiming reliance upon Rule 506(c).
ii. If relying on Regulation 4.13(a)(3), represent that the CPO meets the conditions of the exemption, other than that provisions prohibition against marketing to the public;
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a. State the name, business address, and main business telephone number of the Commodity Pool Operator claiming the relief;
What Is A Confidential Registration Statement?
pursuant to the JOBS Act,and does not constitute legal advice on any specific matter,please contactBrenda Hamilton,Securities Attorney at 101 Plaza Real S.
e. Be signed by the Commodity Pool Operator; and