Account Ownership and Control Report, 54801-54802 [2010-22398]
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mstockstill on DSKH9S0YB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Proposed Rules
with the National Futures Association
through its electronic exemption filing
system. Such claim must:
(i) Provide the name, main business
address and main business telephone
number of the registered commodity
pool operator, or applicant for such
registration, making the request;
(ii) Provide the name of the
commodity pool for which the request
is being made;
(iii) Contain representations, as
appropriate, that:
(A) The pool will be operated in
compliance with paragraph (b)(1)(i) of
this section and the pool operator will
comply with the requirements of
paragraph (b)(1)(ii) of this section; or
(B) The pool will be operated in
compliance with paragraph (c)(1) of this
section;
(iv) Specify the relief sought under
paragraph (b)(2) or (c)(2), as the case
may be, of this section; and
(v) Be filed by a representative duly
authorized to bind the pool operator.
(2)(i) The claim of exemption must be
filed before the date the commodity
pool first enters into a commodity
interest transaction.
(ii) The claim of exemption shall be
effective upon filing; Provided, however,
That any exemption claimed hereunder:
(A) Will not be effective unless and
until the notice required by this
paragraph (d) contains all information
called for herein and any statements
required under paragraph (c)(2)(iii) of
this section have been provided; and
(B) Will cease to be effective upon any
change which would render the
representations made pursuant to
paragraph (d)(1)(iii) of this section
inaccurate or the continuation of such
representations false or misleading.
(3)(i) If a claim of exemption has been
made under paragraph (b)(2)(i) of this
section, the commodity pool operator
must make a statement to that effect on
the cover page of each offering
memorandum, or amendment thereto,
that it is required to file with the
National Futures Association pursuant
to § 4.26.
(ii) If a claim of exemption has been
made with respect to paragraph
(b)(2)(iii) of this section, the pool
operator must make a statement to that
effect on the cover page of each annual
report that it is required to file with the
National Futures Association pursuant
to § 4.22(c).
(4)(i) Any claim of exemption
effective hereunder shall be effective
only with respect to the pool for which
it has been made.
(ii) The effectiveness of such claim
shall not affect the obligations of the
commodity pool operator to comply
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with all other applicable provisions of
this part 4, the Act and the
Commission’s regulations issued
thereunder with respect to the pool and
any other pool the pool operator
operates or intends to operate.
3. Section 4.13 is amended by:
a. Removing the word ‘‘or’’ at the end
of paragraph (a)(3)(iv);
b. Removing the period at the end of
paragraph (a)(4)(ii)(B) and adding ‘‘; or’’;
c. Redesignating paragraph (a)(5) as
paragraph (a)(6), and revising newly
designated paragraph (a)(6)(i)
introductory text;
d. Adding new paragraph (a)(5); and
e. Revising paragraphs (b)(1)(ii) and
(b)(2), to read as follows:
§ 4.13 Exemption from registration as a
commodity pool operator.
*
*
*
*
*
(a) * * *
(5) The person is acting as a director
or trustee with respect to a pool whose
operator is registered as a commodity
pool operator and is eligible to claim
relief under § 4.12(c) of this chapter,
Provided, however, that:
(i) The person acts in such capacity
solely to comply with a requirement
under the Federal securities laws that
the pool have an audit committee
comprised exclusively of independent
directors or trustees;
(ii) The person has no power or
authority to manage or control the
operations or activities of the pool
except as necessary to comply with such
requirement; and
(iii) The registered pool operator of
the pool is and will be liable for any
violation of the Act or the Commission’s
regulations by the person in connection
with the person’s serving as a director
or trustee with respect to the pool.
(6)(i) Eligibility for exemption under
paragraph (a)(1), (a)(2), (a)(3) or (a)(4) of
this section is subject to the person
furnishing in written communication
physically delivered or delivered
through electronic transmission to each
prospective participant in the pool:
* * *
*
*
*
*
*
(b)(1) * * *
(ii) Contain the section number
pursuant to which the operator is filing
the notice (i.e., § 4.13(a)(1), (a)(2), (a)(3),
(a)(4) or (a)(5), or both (a)(3) and (a)(4))
and represent that the pool will be
operated in accordance with the criteria
of that paragraph or paragraphs; and
*
*
*
*
*
(2) The person must file the notice by
no later than the time that the pool
operator delivers a subscription
agreement for the pool to a prospective
participant in the pool; Provided,
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54801
however, that in the case of a claim for
relief under § 4.13(a)(5), the person must
file the notice by the later of the
effective date of the pool’s registration
statement under the Securities Act of
1933 or the date on which the person
first becomes a director or trustee; and
Provided, further, that where a person
registered with the Commission as a
commodity pool operator intends to
withdraw from registration in order to
claim exemption hereunder, the person
must notify its pool’s participants in
written communication physically
delivered or delivered through
electronic transmission that it intends to
withdraw from registration and claim
the exemption, and it must provide each
such participant with a right to redeem
its interest in the pool prior to the
person filing a notice of exemption from
registration.
*
*
*
*
*
Issued in Washington, DC, on September 1,
2010 by the Commission.
David Stawick,
Secretary of the Commission.
[FR Doc. 2010–22395 Filed 9–8–10; 8:45 am]
BILLING CODE P
COMMODITY FUTURES TRADING
COMMISSION
17 CFR Part 16
RIN 3038–AC63
Account Ownership and Control
Report
Commodity Futures Trading
Commission (‘‘Commission’’).
ACTION: Extension of comment period.
AGENCY:
The Commission is extending
the comment period for the Notice of
Proposed Rulemaking (‘‘NPRM’’) that
calls for the collection of ownership,
control and related information.1 The
new deadline for submitting public
comments is October 7, 2010.
DATES: Written comments must be
received on or before October 7, 2010.
ADDRESSES: Comments should be sent to
David Stawick, Secretary, Commodity
Futures Trading Commission, Three
Lafayette Centre, 1155 21st Street, NW.,
Washington, DC 20581. Comments may
be submitted via e-mail at
OCR@cftc.gov. ‘‘Account Ownership and
Control Report’’ must be in the subject
field of responses submitted via e-mail,
and clearly indicated on written
submissions. Comments may also be
submitted by connecting to the Federal
eRulemaking Portal at https://
SUMMARY:
1 75
E:\FR\FM\09SEP1.SGM
FR 41775 (July 19, 2010).
09SEP1
54802
Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Proposed Rules
www.regulations.gov and following
comment submission instructions. All
comments must be submitted in
English, or if not, must be accompanied
by an English translation.
Sebastian Pujol Schott, Associate
Deputy Director, Market Compliance,
202–418–5641, or Cody J. Alvarez,
Attorney Advisor, 202–418–5404,
Division of Market Oversight,
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street, NW., Washington, DC
20581.
On July
19, 2010, the Commission published for
public comment a NPRM, where it
proposed to collect certain ownership
and control information via an account
‘‘Ownership and Control Report’’
submitted weekly by all U.S. futures
exchanges and other reporting entities.
The NPRM established a 60-day period
for submitting public comment, ending
September 17, 2010. On September 16,
2010, Commission staff intends to hold
a public roundtable meeting at which
invited participants will discuss issues
arising from the Commission’s NPRM.
Shortly after the public roundtable
meeting, a transcript of the meeting will
be published on the Commission’s
Account Ownership and Control Report
public comment page at https://
www.cftc.gov/LawRegulation/
PublicComments/10-009.html. In order
to give interested parties time to prepare
comments on matters that were
discussed at the public roundtable
meeting, the Commission has
determined to extend the comment
period for the NPRM by an additional
twenty days to October 7, 2010.
SUPPLEMENTARY INFORMATION:
Issued in Washington, DC on September 1,
2010 by the Commission.
David A. Stawick,
Secretary of the Commission.
[FR Doc. 2010–22398 Filed 9–8–10; 8:45 am]
BILLING CODE P
COMMODITY FUTURES TRADING
COMMISSION
mstockstill on DSKH9S0YB1PROD with PROPOSALS
17 CFR Part 16
Account Ownership and Control
Report; Notice of Public Meeting
AGENCY HOLDING THE MEETING:
Commodity Futures Trading
Commission (‘‘Commission’’).
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16:58 Sep 08, 2010
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Background
This document contains proposed
amendments to the Income Tax
Regulations (26 CFR part 1) under
section 6012 relating to the returns of
income corporations are required to file.
Section 6011 provides that persons
liable for a tax imposed by Title 26 shall
[FR Doc. 2010–22400 Filed 9–8–10; 8:45 am]
Thursday, September 16,
2010, commencing at 1 p.m. and ending
at 4:30 p.m.
DATE AND TIME:
DEPARTMENT OF THE TREASURY
Issued in Washington, DC, on September 1,
2010 by the Commission.
David A. Stawick,
Secretary of the Commission.
FOR FURTHER INFORMATION CONTACT:
Three Lafayette Centre, 1155 21st
Street, NW., Washington, DC, Lobby
Level Hearing Room (Room 1000).
STATUS: Open.
MATTERS TO BE CONSIDERED: Agenda: (1)
Sources of Ownership and Control
Report Data; and (2) Implementation of
the Ownership and Control Report.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that Commission staff will
hold a public roundtable meeting at
which invited participants will discuss
issues arising from the Commission’s
notice of proposed rulemaking that calls
for the collection of ownership, control
and related information for all trading
accounts active on U.S. futures
exchanges and other reporting entities.1
Written comments on the proposed rule
will be received until October 7, 2010.
The meeting will be open to the public
with seating on a first-come, first-served
basis. Members of the public may also
listen by telephone. Call-in participants
should be prepared to provide their first
name, last name, and affiliation. The
information for the conference call is set
forth below.
• U.S./Canada Toll-Free: (866) 312–
4390
• International Toll: (404) 537–3379
• Conference ID: 94281936
Shortly after the public roundtable
meeting, a transcript of the meeting will
be published on the Commission’s
Account Ownership and Control Report
public comment page at https://www.
cftc.gov/LawRegulation/Public
Comments/10–009.html.
CONTACT PERSONS AND ADDRESSES:
Written comments should be sent to
David Stawick, Secretary, Commodity
Futures Trading Commission, Three
Lafayette Centre, 1155 21st Street, NW.,
Washington, DC 20581. Comments may
be submitted via e-mail at
OCR@cftc.gov. ‘‘Account Ownership and
Control Report’’ must be in the subject
field of responses submitted via e-mail,
and clearly indicated on written
submissions. Comments may also be
submitted by connecting to the Federal
eRulemaking Portal at https://
www.regulations.gov and following
comment submission instructions. All
comments must be submitted in
English, or if not, must be accompanied
by an English translation. For questions,
please contact Sauntia Warfield, 202–
418–5084.
PLACE:
BILLING CODE P
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FR 41775 (July 19, 2010).
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Internal Revenue Service
26 CFR Part 1
[REG–119046–10]
RIN 1545–BJ54
Requirement of a Statement Disclosing
Uncertain Tax Positions
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking
and notice of public hearing.
AGENCY:
This document contains
proposed regulations allowing the IRS
to require corporations to file a schedule
disclosing uncertain tax positions
related to the tax return as required by
the IRS. This document also provides
notice of a public hearing on these
proposed regulations.
DATES: Written or electronic comments
must be received by October 12, 2010.
Outlines of topics to be discussed at the
public hearing scheduled for October
15, 2010, at 10 a.m., must be received
by October 12, 2010.
ADDRESSES: Send submissions to:
CC:PA:LPD:PR (REG–119046–10), room
5205, Internal Revenue Service, P.O.
Box 7604, Ben Franklin Station,
Washington, DC 20044. Submissions
may be hand-delivered Monday through
Friday between the hours of 8 a.m. and
4 p.m. to: CC:PA:LPD:PR (REG–119046–
10), Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue,
NW., Washington, DC, or sent
electronically via the Federal
eRulemaking Portal at https://
www.regulations.gov (IRS REG–119046–
10). The public hearing will be held in
the IRS Auditorium, Internal Revenue
Building, 1111 Constitution Avenue,
NW., Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
Kathryn Zuba at (202) 622–3400;
concerning submissions of comments,
the public hearing, and to be placed on
the building access list to attend the
public hearing, Oluwafunmilayo Taylor
of the Publications and Regulations
Branch at (202) 622–7180 (not toll-free
numbers).
SUPPLEMENTARY INFORMATION:
SUMMARY:
E:\FR\FM\09SEP1.SGM
09SEP1
Agencies
[Federal Register Volume 75, Number 174 (Thursday, September 9, 2010)]
[Proposed Rules]
[Pages 54801-54802]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22398]
-----------------------------------------------------------------------
COMMODITY FUTURES TRADING COMMISSION
17 CFR Part 16
RIN 3038-AC63
Account Ownership and Control Report
AGENCY: Commodity Futures Trading Commission (``Commission'').
ACTION: Extension of comment period.
-----------------------------------------------------------------------
SUMMARY: The Commission is extending the comment period for the Notice
of Proposed Rulemaking (``NPRM'') that calls for the collection of
ownership, control and related information.\1\ The new deadline for
submitting public comments is October 7, 2010.
---------------------------------------------------------------------------
\1\ 75 FR 41775 (July 19, 2010).
---------------------------------------------------------------------------
DATES: Written comments must be received on or before October 7, 2010.
ADDRESSES: Comments should be sent to David Stawick, Secretary,
Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st
Street, NW., Washington, DC 20581. Comments may be submitted via e-mail
at OCR@cftc.gov. ``Account Ownership and Control Report'' must be in
the subject field of responses submitted via e-mail, and clearly
indicated on written submissions. Comments may also be submitted by
connecting to the Federal eRulemaking Portal at https://
[[Page 54802]]
www.regulations.gov and following comment submission instructions. All
comments must be submitted in English, or if not, must be accompanied
by an English translation.
FOR FURTHER INFORMATION CONTACT: Sebastian Pujol Schott, Associate
Deputy Director, Market Compliance, 202-418-5641, or Cody J. Alvarez,
Attorney Advisor, 202-418-5404, Division of Market Oversight, Commodity
Futures Trading Commission, Three Lafayette Centre, 1155 21st Street,
NW., Washington, DC 20581.
SUPPLEMENTARY INFORMATION: On July 19, 2010, the Commission published
for public comment a NPRM, where it proposed to collect certain
ownership and control information via an account ``Ownership and
Control Report'' submitted weekly by all U.S. futures exchanges and
other reporting entities. The NPRM established a 60-day period for
submitting public comment, ending September 17, 2010. On September 16,
2010, Commission staff intends to hold a public roundtable meeting at
which invited participants will discuss issues arising from the
Commission's NPRM. Shortly after the public roundtable meeting, a
transcript of the meeting will be published on the Commission's Account
Ownership and Control Report public comment page at https://www.cftc.gov/LawRegulation/PublicComments/10-009.html. In order to give
interested parties time to prepare comments on matters that were
discussed at the public roundtable meeting, the Commission has
determined to extend the comment period for the NPRM by an additional
twenty days to October 7, 2010.
Issued in Washington, DC on September 1, 2010 by the Commission.
David A. Stawick,
Secretary of the Commission.
[FR Doc. 2010-22398 Filed 9-8-10; 8:45 am]
BILLING CODE P