Lapas attēli
PDF
ePub

(g) Live cattle futures. Any trader who holds or controls a reportable position in any one future of any one type of live cattle contract shall include all transactions and positions in all futures of all types of live cattle contracts on all contract markets.

(h) Reporting of positions, net or gross-(1) Net positions. The reporting trader shall report the net open contracts, long or short, in each future of such commodity in all such accounts, except as specified in paragraph (h)(2) of this section.

(2) Gross positions. In the following cases, the reporting trader shall report the gross open contracts, i.e., total long open contracts and total short open contracts in each future of such commodity in all such accounts:

(i) Positions on the New York Mercantile Exchange;

(ii) Positions on the Chicago Mercantile Exchange;

(iii) Positions on any exchange carried through different futures commission merchants or foreign brokers; (iv) Positions which represent spreads between different types of contracts in the same commodity;

(v) Positions against which notice have been stopped or issued, but upon which actual delivery has not been made;

(vi) Positions in accounts owned or held jointly with another person or persons as specified in § 18.01; and

(vii) Positions in accounts subject to trading control by the reporting trader, but in which he has no interest as an owner as specified in § 18.01.

(Secs. 4a(3) and 41, 49 Stat. 1493, 1496, 88 Stat. 1392, 1413; 7 U.S.C. 6a(3), 6i; secs. 4a, 4f, 4g, 4i and 8a(5) of the Commodity Exchange Act, 7 U.S.C. 6a, 6f, 6g, 6i and 12a(5), as amended, Pub. L. 95-405, secs. 5 and 6, 92 Stat. 869 (1978))

[41 FR 3208, Jan. 21, 1976, as amended at 44 FR 33846, June 13, 1979]

§18.01 Interest in or control of several accounts.

(a) Multiple accounts. If any trader holds or has a financial interest in or controls more than one account, whether carried with the same or with different futures commission merchants or foreign brokers, all such accounts shall be considered as a single

account for the purposes of determining whether such trader has a reportable position and for the purpose of reporting. For the purpose of this part, except for the interest of a limited partner or shareholder (other than the commodity pool operator) in a commodity pool, the term "financial interest" shall mean an interest of 10 percent or more in ownership or equity of an account.

(b) Customer trading programs and discretionary accounts of traders who are futures commission merchants. For the purpose of paragraphs (a) and (d) of this section, positions held in a discretionary account, or held in an account which is part of, or participates in, or receives trading advice from, a customer trading program of a futures commission merchant, or any of the officers, partners, or employees of such futures commission merchant, shall be considered positions controlled by such futures commission merchant unless:

(1) A trader other than the futures commission merchant directs trading in such an account;

(2) The futures commission merchant maintains only such minimum control over the trading in such an account as is necessary to fulfill its duty to supervise diligently trading in the account; and

(3) Each trading decision of the discretionary account or the customer trading program is determined independently of all trading decisions in other accounts which the futures commission merchant holds, has a financial interest in, or controls.

(c) Commodity Pools. For the purpose of paragraphs (a) and (d) of this section, the positions held in a commodity pool operated by a commodity pool operator, other than a commodity pool operator who is an officer, partner or employee of a futures commission merchant, shall be considered positions controlled by such commodity pool operator unless:

(1) A trader other than the commodity pool operator directs trading for such commodity pool;

(2) The commodity pool operator maintains only such control over trading in the commodity pool as is necessary to fulfill its duty to supervise diligently all accounts of the pool; and

(3) Each trading decision of the commodity pool is determined independently of all trading decisions in other commodity pools and positions in accounts which the commodity pool operator holds, has a financial interest in, or controls.

(d) Reporting of controlled accounts. The trader shall show, at the bottom of the appropriate series 03 report or on a continuation sheet a breakdown or listing of the names of all such accounts, including joint accounts, and their respective positions on his first report after acquiring a reportable position, and once a month thereafter, as of the last business day of the month, unless the Commission approves a different date for such reporting. On this report, regardless of whether he has any transactions for that day, the trader shall show a complete listing of all such accounts and their individual positions on that day. During the month, the trader shall show at the bottom of each report he files, any new such account and any such account that is no longer participating, at the time any change occurs in his group of such participating or controlled accounts.

(Sec. 41, 49 Stat. 1496, 88 Stat. 1392; 7 U.S.C. 6i; secs. 4a, 4f, 4g, 4i and 8a(5) of the Commodity Exchange Act, 7 U.S.C. 6a, 6f, 6g, 6i and 12a(5), as amended, Pub. L. 95-405, secs. 5 and 6, 92 Stat. 869 (1978))

[41 FR 3208, Jan. 21, 1976, as amended at 44 FR 33846, June 13, 1979]

§ 18.02 Designation and identification of accounts.

The Commission will assign a code number by means of which the reporting trader may identify the account in all reports.

(Sec. 4i, 49 Stat. 1496, 88 Stat. 1392; 7 U.S.C. 61)

§ 18.03 Time and place of filing reports.

Unless otherwise specifically instructed by the Commission, if the reporting trader is located in a city in which the Commission maintains an office, reports shall be filed with such office not later than 9 a.m., local time, of the business day following the day covered by the report. If the reporting

trader is located elsewhere, reports shall be transmitted by mail, postmarked not later than midnight of the day covered by the report, as follows:

(a) Reports with respect to transactions in the following commodities shall be mailed to the Commission office in Chicago, Illinois:

Grains-including wheat, corn, oats, rye, barley, flaxseed, grain sorghums, and soybeans.

Edible oils-including soybean oil, coconut oil, and palm oil.

Meal-including soybean meal.

Cattle-including live cattle, western cattle and feeder cattle.

Hogs and hog products-including live hogs, frozen pork bellies and frozen skinned hams.

Poultry and poultry products-including iced broilers and turkeys.

Lumber and lumber products-including plywood and lumber.

Butter and eggs-including nest run eggs, shell eggs and frozen eggs.

Foreign currencies-including British pounds, Canadian dollars, Deutschemarks, Dutch guilders, Japanese yen, Mexican pesos, Swiss francs, French francs and Belgian francs.

(b) Reports with respect to transactions in the following commodities shall be mailed to the Commission office in New York, New York:

Cattle products-including frozen boneless beef.

Cotton, wool and frozen concentrated orange juice.

Petroleum and petroleum products-including crude oil, propane, home heating oil, and industrial fuel oil.

Cocoa and rubber.

Coffee and sugar.

Metals-including silver, gold, copper, palladium, platinum and mercury.

Silver coins-including U.S. silver coins and Canadian silver coins.

Potatoes-including Maine Round White and Idaho Russet Burbank potatoes.

(Sec. 4i, 49 Stat. 1496, 88 Stat. 1392; 7 U.S.C. 61)

§ 18.04 Statement of reporting trader.

Every trader who holds or controls a reportable position shall file with the Commission a "Statement of Reporting Trader" on Form 40. Each trader shall file his initial Form 40 at such time as the Commission directs, but not later than the tenth business day following the date the trader assumes the reportable position. Subsequent

lings shall be made at the time specied in paragraph (e) of this section. 11 traders shall complete Part A of e Form 40 and, in addition, shall -mplete:

Part B-If the trader is an individual, a rtnership or a joint tenant. Part C-If the trader is a corporation or pe of trader other than an individual,

artnership, or joint tenant.

(4) If the trader is self-employed and engaged in the marketing of a cash commodity or in a business activity which is hedged by use of the futures market, the cash commodity marketed or risk exposure covered, types of associated marketing activities and the futures contract used for hedging.

(5) The name, address, and type of any organization in which the report

(a) Information to be furnished by ing trader participates in the manage

11 traders in Part A of the Form 40

mall include:

(1) Name of reporting trader. (2) Principal business or industry nd occupation of the reporting rader.

(3) Type of trader.

(4) Registration status with the Commission, if any.

(5) The name and address of each person whose commodity futures account is controlled by the reporting trader.

!

(6) The name and address of each person who controls the trading of the reporting trader.

(7) The names and locations of all futures commission merchants and foreign brokers through whom accounts owned or controlled by the reporting trader at the time of filing a Form 40 are carried if such accounts are carried through more than one futures commission merchant or foreign broker.

(8) The names and locations (city and state) of persons who guarantee or who have a financial interest of 10% or more in the account of the reporting trader.

(9) Information concerning ownership or control by a foreign government, agent of a foreign government, entity specially acknowledged by a statute or regulation of a foreign jurisdiction, or entity financed by a foreign government either through ownership of capital assets or provision of operating expenses.

(b) Information to be furnished in Part B of the Form 40 shall include:

(1) Mailing address of the reporting trader.

(2) Telephone number of the reporting trader.

(3) Date and place of birth of the reporting trader.

ment if such organization holds another futures trading account.

(6) If the reporting trader is a partnership or joint tenant, the name and address of each partner (excluding limited partners in commodity pools) or joint tenant and the name of the partner or joint tenant who ordinarily places orders.

(c) Information to be furnished in Part C of the Form 40 shall include:

(1) Whether or not the reporting trader is organized under the laws of any state (including the District of Columbia) or territory or possession of the United States or under the laws of any foreign jurisdiction. Reporting traders organized outside the jurisdiction of the United States must indicate the country of origin.

(2) The names of parent firms and whether or not they are organized under the laws of any state (including the District of Columbia) or territory of possession of the United States and the location of each headquarter's office.

(3) Names and locations of all subsidiary firms that trade in commodity futures and whether or not the subsidiary firms are organized under the law of any state (including the District of Columbia) or territory or possession of the United States.

(4) Name, address, and business telephone number of person(s) actually controlling futures trading.

(5) Name, office address and business telephone number of person or persons to contact regarding futures trading.

(6) If the firm is engaged in the marketing of a cash commodity or in a business activity which is hedged by using the futures markets, the cash commodity marketed or risk exposure covered, types of associated marketing

157

[blocks in formation]

(Secs. 4g(1), 4(1), and 8a(5) of the Act, 7 U.S.C. 6g(1), 6(i), and 12a(5. (1976))

[blocks in formation]

Oats

Barley

Flaxseed.

Rye

Quantity

3,000,000 bushels.

Do. Do.

2,000,000 bushels. Do. Do.

Cotton,
Potatoes......

Eggs.

500,000 bushels.
5,000 bales.
150 contracts.
Do.

Where there is trading in more than one type of futures contract in the same commodity for the same delivery month, the quantity of all such types of contracts for such month shall be combined for reporting purposes unless the Commission determines otherwise.

(Secs. 4g, 5, 42 Stat. 1000, 49 Stat. 1496, 88 Stat. 1392; 7 U.S.C. 6g, 7)

[41 FR 48112, Nov. 2, 1976]

PART 16-REPORTS BY CONTRACT

Sec.

MARKETS

16.00 Information to be furnished by con

tract markets.

16.01 Time and place of filing reports. 16.02 Publication of volume of trading and

open contracts.

16.03 Errors or omissions.

AUTHORITY: Secs. 5, 8a, 42 Stat. 1000, 49 Stat. 1500, 88 Stat. 1392; 7 U.S.C. 7, 12a.

SOURCE: 41 FR 3207, Jan. 21, 1976, unless otherwise noted.

§16.00 Information to be furnished by contract markets.

Each contract market shall report for each business day the following information, by commodity, by future, and by clearing member within each

[ocr errors]

I

uch future, in a form and manner aproved by the Commission Regional Director having local jurisdiction with espect to such contract market:

(a) The total of all long open conracts and the total of all short open ontracts carried at the end of the day overed by the report;

(b) The quantity of such contracts bought and the quantity sold during he day covered by the report;

(c) The quantity of purchase transFer trades or office trades and the quantity of sale transfer trades or office trades, which are included in the total quantity of contracts bought and sold during the day covered by the report, and the names of the clearing members who made the transfers;

(d) The quantity of purchases of futures in connection with cash commodity transactions or of futures for cash commodities and the quantity of sales of futures in connection with cash commodity transactions or of futures for cash commodities, which are included in the total quantity of contracts bought and sold during the day covered by the report, and the names of the clearing members who made the exchanges; and

(e) The quantity of the commodity delivered and the quantity received in fulfillment of such contracts during the day covered by the report.

§16.01 Time and place of filing reports.

[blocks in formation]

17.00 Information to be furnished by futures commission merchants and foreign brokers.

17.01 Special Account designation and identification.

17.02 Place and time of filing reports. 17.03 Use of data processing media. 17.04 Reporting omnibus accounts to the carrying futures commission merchant or foreign broker.

AUTHORITY: Sec. 8a, 49 Stat. 1500, 88 Stat. 1392; 7 U.S.C. 12a, unless otherwise noted.

SOURCE: 41 FR 3207, Jan. 21, 1976, unless otherwise noted.

Such reports shall be submitted the business day following the day for which the reports are filed and shall § 17.00 Information to be furnished by fube filed in accordance with the instructions of the Commission's Regional Director having local jurisdiction with respect to such contract market.

§16.02 Publication of volume of trading and open contracts.

Each contract market shall publish for each business day the following information by commodity and by future within each such commodity:

(a) The total volume of trading, excluding transfer trades or office trades;

(b) The total quantity of futures for cash transactions which are included in the total volume of trading;

tures commission merchants and foreign brokers.

(a) Special Accounts-reportable positions. (1) Each futures commission merchant and each foreign broker, except a foreign broker who carries all accounts on a fully disclosed basis with a registered futures commission merchant, shall submit a report to the Commission for each business day with respect to all Special Accounts, including house accounts, carried by such futures commission merchant or foreign broker. Such report shall be made on the appropriate series 01 form and shall show each reportable position, separately for each contract market and for each future, in such

640-043 0-80--11

« iepriekšējāTurpināt »