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COMPLIANCE RULES * * * Part 2 - RULES GOVERNING THE BUSINESS CONDUCT OF MEMBERS REGISTERED WITH THE COMMISSION * * * RULE 2-35. CPO/CTA DISCLOSURE DOCUMENTS. * * *
(d) CPO Profile Document (1) A Member CPO may deliver a profile document, as defined in paragraph (2) below, to a prospective participant prior to the delivery of a Disclosure Document, provided that the profile clearly states that an investment in the pool may not be made until after the prospective participant has received the Disclosure Document. A Member CPO shall not provide any advertising or other promotional materials with the profile unless it is also accompanied by the pool's Disclosure Document. (2) A profile document shall not present information on more than one pool. A profile document shall include the following information, and only the following information, in the order indicated:
(iv) A non-marketing oriented discussion of the trading strategy used to trade the pool; (v) (vi) A discussion of any conflicts of interest which are material to the particular pool; (vii) A summary of any material administrative or criminal actions, whether pending or concluded, within five years of the date of the profile, against the commodity pool operator or any of its principals; (viii) A brief description of any restrictions on transfers of a participant's interest in the pool; (ix) A brief description of how a participant may redeem his interest in the pool and a statement of redemption charge, if any; (x) If applicable, a statement indicating the extent to which a participant may be held liable for obligations of the pool in excess of the funds contributed by the participant for the purchase of an interest in the pool; (xi) For pools with prior operating history, the capsule performance information for the offered pool as required by Commodity Futures Trading Commission Regulation 4.25(a)(1)(i), exclusive of the requirement of Regulation 4.25(a)(2). In addition, if applicable, notice to the prospective participant that the pool operator is required to report performance information on other pools operated by the pool operator in its Disclosure Document under CFTC Regulation 4.25 and the specific section in the Disclosure Document where this information may be found; and (xii) For pools with no operating history, a statement that the pool has no operating history and, if applicable, notice to the prospective participant that the pool operator is required to report performance information on other pools operated by the pool operator and performance information on major CTAs trading the pool in its Disclosure Document under CFTC Regulation 4.25 and the specific section in the Disclosure Document where this information may be found. (3) The profile document is subject to the filing requirements of CFTC Regulation 4.26. A particular pool's profile document must be filed with the disclosure document required under CFTC Regulation 4.21(a). (e) CTA Profile Document (eliminate entire section) (f) Filing Requirements for Profile Documents (eliminate entire section)
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