Regulacje rynkowe · 30.03.1998
Two-Part Documents for Commodity Pools
The Commodity Futures Trading Commission (``Commission'') has determined pursuant to Section 17(j) of the Commodity Exchange Act 1 (``Act'') to review the National Futures Association's (``NFA's'') Compliance Rule 2-35 (``the Rule'') and its Interpretive Notice regarding commodity pool Disclosure Documents. The Rule requires the commodity pool operator (``CPO'') of a commodity pool required to register its securities under the Securities Act of 1933 (``public pool'') to deliver a two-part document to prospective participants. The first part of the document must be the Disclosure Document required by Commission Rule 4.21(a), 2 written using plain English principles and limited to specific disclosure information. The second part is a Statement of Additional Information (``SAI''), which may include information that is not in the Disclosure Document, provided that the information is not misleading or otherwise inconsistent with applicable statutes, rules or regulations. 3 The CPO of a commodity pool that is not required to register its securities under the Securities Act of 1933 (``private pool'') 4 must prepare a Disclosure Document and may prepare and distribute an SAI, but is not re