Get the free Form 8. Guide to FS708

MSC NOTICE 2001-42 THE SECURITIES ACT THE COMMODITY FUTURES ACT NOTICE OF PROPOSED MULTILATERAL INSTRUMENT 33-109, FORMS 33-109F1, 33-109F2, 33-109F3, 33-109F4, 33-109F5 AND COMPANION POLICY 33-109CP REGISTRATION

This Proposed Instrument (the “Instrument”) is to amend the reporting requirements for registered commodities for the purpose of consolidating and harmonizing those requirements for reporting purposes, effective May 27, 2007, in a manner that will help implement the requirements of the U.S. Securities Act of 1933 (the “Securities Act”). This Proposed Instrument was written by the OCC's National Capital Division (“NCD”) in consultation with the National Futures Association (the “NAFTA”). This proposed Instrument incorporates changes made by the United States of America in the Futures Trading Commission (“FTC”) regulations under the Commodity Exchange Act that, at the time of completion by CME, require exchange participants to comply with an Exchange Registration Statement (“Reg”): Requirements for Registration of Exchanges The Commodity Exchange Act mandates that each commodity market shall require each registered exchange of futures, options, or forward contracts to register and file with the Commission a registration statement. [21 CFR 240.10(b)(12)(ii)(A)(iii) (“CSA”)]) Section 4 of CSA requires that each registered commodity exchange (1) post its registration statement on its own websites for the public and (2) publish its registration statement in the Commodity Exchange Act Register. [21 CFR 240.20(d)(3)] The CSA mandates that each “qualifying exchange” (as defined in subpart C of CSA, 22 CFR Part 255) have a registered prospectus under CSA covering all its contracts, and this registration statement must be conspicuously posted and remain on the exchanges' websites for at least three years. [21 CFR 240.15(d)] The CSA further requires each “eligible contract” (as defined in subpart C of CSA, 22 CFR Part 255) to “provide a detailed prospectus” detailing all of each contract (1) and (2) for which it is willing to participate and all terms for such participation. [21 CFR 240.17(c)(4)] The Commission is promulgating the CSA requirements at this time for the benefit of CME, which has been and will be registered by OCC to offer and administer the CME Clearing Product. Section 10(b)(10)(C) of the U.S. Code requires each “qualified exchange” (“DEC”) to file, at least annually, disclosure that identifies all contracts that it maintains under the U.S.

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