The CFTC Division of Swap Dealer and Intermediary Oversight ("DSIO") issued an exemption to a commodity pool operator ("CPO") from the requirement to file and distribute an audited annual report. The CPO in both matters operates a number of pools pursuant to CFTC Rule 4.7. The exemption here follows a previous request, which was granted solely with respect to specific pools enumerated in that relief.
Under this exemption, the CPO will no longer have to file with the National Futures Association ("NFA") and distribute audited annual reports for two pools. The CPO stated that ownership restructuring had materially changed structures of the pools since the CPO's last request for exemption, which meant that there was no longer any "material difference" between the enumerated and non-enumerated pools, allowing for relief to be extended to the latter pools.
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