United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2006_register executive 2010-09-22 article Rules and Regulations D09002ee1c8100302 D09002ee1c81003b4 United States Commodity Futures Trading Commission originator org United States Government Agency or Subagency The Commodity Futures Trading Commission ("Commission" or "CFTC") is amending Commission rules to require that commodity pool annual financial reports submitted by commodity pool operators ("CPOs") to the National Futures Association ("NFA") be filed and affirmed electronically, in compliance with NFA's electronic filing procedures. NFA petitioned the Commission to adopt this amendment after its implementation of a pilot program for electronic filing of commodity pool annual reports in 2005. The amendment necessarily eliminates the requirement that the commodity pool annual report filed with NFA be manually signed, and replaces it with a requirement that CPOs maintain for five years in their own business records a manually signed oath or affirmation with respect to each annual report along with documentation supporting the compilation of certain key financial balances required to be submitted to NFA. In addition to mandating electronic filing, the Commission is also amending other provisions of its rules applicable to CPOs with respect to financial reporting to: (i) Explicitly state that commodity pool monthly and/or quarterly account statements distributed to participants must be prepared in accordance with generally accepted accounting principles; (ii) clarify that CPOs must file a notification of a change in a public accountant for a commodity pool with NFA; (iii) clarify that a reference to "segregation" with respect to a statement required to be made in an accountant's letter refers to the prohibition on commingling of funds of a commodity pool with the assets of any other person; and (iv) require that notifications concerning CPOs' election of fiscal years for commodity pools other than the calendar year or changes in fiscal year be filed solely with NFA and not the Commission. These amendments with respect to commodity pool financial reporting do not impact the distribution of annual reports to pool participants, which may continue to be provided through hard-copy distribution via postal mail or electronically if the pool participant consents thereto. Also, these amendments do not change the requirements or process for CPOs to request that the Commission provide confidential treatment to commodity pool annual reports submitted to NFA, in response to requests from the public made under the Freedom of Information Act. 71 FR 8939 https://www.govinfo.gov/app/details/FR-2006-02-22/06-1615 06-1615 fr22fe06-10 RIN 3038-AC25 6351-01-P https://www.govinfo.gov/app/details/FR-2006-02-22/06-1615 https://www.govinfo.gov/content/pkg/FR-2006-02-22/html/06-1615.htm https://www.govinfo.gov/content/pkg/FR-2006-02-22/pdf/06-1615.pdf Advertising Commodity Futures Consumer Protection Reporting and Recordkeeping Requirements 5 p. 8939 8943 71 FR 8939 Title 17 Part 4 17 CFR Part 4 RIN 3038-AC25 Commodity Pool Operator Electronic Filing of Annual Reports; Federal Register Vol. 71, Issue RULE 06-1615 COMMODITY FUTURES TRADING COMMISSION 2006-03-24 6351-01-P 06-1615 Final rulemaking.

The Commodity Futures Trading Commission ("Commission" or "CFTC") is amending Commission rules to require that commodity pool annual financial reports submitted by commodity pool operators ("CPOs") to the National Futures Association ("NFA") be filed and affirmed electronically, in compliance with NFA's electronic filing procedures. NFA petitioned the Commission to adopt this amendment after its implementation of a pilot program for electronic filing of commodity pool annual reports in 2005. The amendment necessarily eliminates the requirement that the commodity pool annual report filed with NFA be manually signed, and replaces it with a requirement that CPOs maintain for five years in their own business records a manually signed oath or affirmation with respect to each annual report along with documentation supporting the compilation of certain key financial balances required to be submitted to NFA. In addition to mandating electronic filing, the Commission is also amending other provisions of its rules applicable to CPOs with respect to financial reporting to: (i) Explicitly state that commodity pool monthly and/or quarterly account statements distributed to participants must be prepared in accordance with generally accepted accounting principles; (ii) clarify that CPOs must file a notification of a change in a public accountant for a commodity pool with NFA; (iii) clarify that a reference to "segregation" with respect to a statement required to be made in an accountant's letter refers to the prohibition on commingling of funds of a commodity pool with the assets of any other person; and (iv) require that notifications concerning CPOs' election of fiscal years for commodity pools other than the calendar year or changes in fiscal year be filed solely with NFA and not the Commission. These amendments with respect to commodity pool financial reporting do not impact the distribution of annual reports to pool participants, which may continue to be provided through hard-copy distribution via postal mail or electronically if the pool participant consents thereto. Also, these amendments do not change the requirements or process for CPOs to request that the Commission provide confidential treatment to commodity pool annual reports submitted to NFA, in response to requests from the public made under the Freedom of Information Act.

Effective Date: March 24, 2006. Thomas J. Smith, Deputy Director and Chief Accountant, at (202) 418-5430 or Jennifer C.P. Bauer, Special Counsel, at (202) 418-5472, Division of Clearing and Intermediary Oversight, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581. Electronic mail: (tsmith@cftc.gov) or (jbauer@cftc.gov). Advertising Commodity Futures Consumer Protection Reporting and Recordkeeping Requirements Commodity pool operators and commodity trading advisers: Commodity pool annual financial reports; electronic filing requirement, jbauer@cftc.gov tsmith@cftc.gov http://www.cftc.gov/tm/letters/05letters/tm05-01.htm Vol. 71, no. 35 Office of the Federal Register, National Archives and Records Administration 2006-02-22 continuing daily deposited born digital 344 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2006-02-22 P0b002ee18095ac6b 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr22fe06 https://www.govinfo.gov/app/details/FR-2006-02-22 https://www.govinfo.gov/content/pkg/FR-2006-02-22/pdf/FR-2006-02-22.pdf https://www.govinfo.gov/content/pkg/FR-2006-02-22/xml/FR-2006-02-22.xml fdlp 8921 9254 DGPO 2010-09-22 2024-06-06 FR-2006-02-22 machine generated eng FR FR-2006-02-22 71 35