An NFA pool that has ceased operation prior to, or as of, the end of the fiscal year, the CO may provide the following, within 90 days of permanent cessation of trading, in lieu of the annual report that would otherwise be required by Rule 4.22(c) or Rule 4.7(b)(3):
(i) Statements of Operations and Changes in Net Assets for the period between—
(A) The later of:
(1) The date of the most recent Statement of Financial Condition filed with the National Futures Association pursuant to this paragraph (c); or
(2) The date of the formation of the pool; and
(B) The close of the pool’s fiscal year or the date of the cessation of trading, whichever is earlier; and
(ii)(A) An explanation of the winding down of the pool’s operations and written disclosure that all interests in, and assets of, the pool have been redeemed, distributed or transferred on behalf of the participants;
(B) If all funds have not been distributed or transferred to participants by the time that the final report is issued, disclosure of the value of assets remaining to be distributed and an approximate timeframe of when the distribution will occur. If the commodity pool operator does not distribute the remaining pool assets within the timeframe specified, the commodity pool operator must provide written notice to each participant and to the National Futures Association that the distribution of the remaining assets of the pool has not been completed, the value of assets remaining to be distributed, and a time frame of when the final distribution will occur.
(C) If the commodity pool operator will not be able to liquidate the pool’s assets in sufficient time to prepare, file and distribute the final annual report for the pool within 90 days of the permanent cessation of trading, the commodity pool operator must provide written notice to each participant and to National Futures Association disclosing:
(1) The value of investments remaining to be liquidated, the timeframe within which liquidation is expected to occur, any impediments to liquidation, and the nature and amount of any fees and expenses that will be charged to the pool prior to the final distribution of the pool’s funds;
(2) Which financial reports the commodity pool operator will continue to provide to pool participants from the time that trading ceased until the final annual report is distributed, and the frequency with which such reports will be provided, pursuant to the pool’s operative documents; and
(3) The timeframe within which the commodity pool operator will provide the final report.
(iii) A report filed pursuant to this paragraph (c)(7) that would otherwise be required by this paragraph (c) is not required to be audited in accordance with paragraph (d) of this section if the commodity pool operator obtains from all participants written waivers of their rights to receive an audited Annual Report, and at the time of filing the Annual Report with National Futures Association, certifies that it has received waivers from all participants. The commodity pool operator must maintain the waivers in accordance with §1.31 of this chapter and must make the waivers available to the Commission or National Futures Association upon request.
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