Fillable CFTC Form 40 - Statement of Reporting Trader

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CFTC Form 40 - Statement of Reporting Trader

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CFTC FORM 40
STATEMENT OF REPORTING TRADER
Public reporting burden for this collection of information is estimated to average 20 minutes per response,
including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information. Send comments regarding this burden
estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to
Agency Clearance Officer, Office of General Counsel, Commodity Futures Trading Commission, Three Lafayette
Centre, 1155 21
st
Street, NW, Washington, DC 20581; and to the Office of Information and Regulatory Affairs,
Office of Management and Budget, Washington, DC 20503.
PRIVACY ACT NOTICE
The Privacy Act of 1974 says that each Federal Agency that asks you for information must tell you the following:
1. Its legal right to ask for the information and whether the law says you must give it.
2. What purpose the agency has in asking for it, and the use to which it will be put.
3. What could happen if you do not give it.
For the large trader reporting system of the Commodity Futures Trading Commission, the law covers the
following:
1. The CFTC form 40.
2. The series ’04 reports.
3. Any questions concerning records of your cash, futures, and option positions which you are required to
maintain by the regulations under the Commodity Exchange Act.
Our legal right to ask for information from traders with large futures or option market positions is granted in
sections 4i and 8 of the Commodity Exchange Act (7 U.S.C. 6i and 12). Disclosure of the information called for is
mandatory and failure to comply may result in the imposition of criminal or administrative sanctions (see e.g., 7
U.S.C. 9, 213a-1, 13(c)).
The information requested is used generally in the Commission’s market surveillance activities to provide
information concerning the size and composition of the commodity futures or option markets, and to permit the
Commission to monitor and enforce the speculative position limits that have been established. The complete
listing of routine uses, in accordance with the Privacy Act, 5 U.S.C. §522a, and the Commission’s rules
thereunder, 17 CFR Part 146, of the information contained in these records is found in the Commission’s annual
notice of its system of records.
Data from the forms may be used by the Commission in the conduct of investigations or litigation and, in limited
circumstances, may be made public in accordance with provisions of the Commodity Exchange Act. It may also
be disclosed to other government agencies and to contract markets to meet their responsibilities assigned to
them by law.
CFTC Form 40 (
05/00)
Previous Editions Obsolete
OMB NO. 3038-0009
2
GENERAL INSTRUCTIONS
Who Must File a Form 40 – Every person who holds or controls a reportable position must file a
CFTC Form 40, Statement of Reporting Trader. (See section 18.04 of the regulations under the
Commodity Exchange Act.)
Persons include individuals, associations, partnerships, corporations, and trusts.
What to File – All traders required to file must complete Part A. In addition:
1. Traders who are individuals, partnerships, or joint tenants must also complete Part B.
2. All other traders must complete Part C.
3. All traders commercially engaged in the marketing of cash commodities or in business activities
that they hedge by using futures or option markets must also complete Schedule 1.
When to File – A reportable trader must file a Form 40 on call by the Commission or its designee.
Where to File – This statement is to be submitted to the nearest CFTC office or as otherwise
instructed.
Signature – Your signature is required as the last item on Part A.
COMPLETING PART A
All reportable traders are required to complete Part A and all questions must be answered. If the trader
filing the Form 40 is an independent account controller and is not employed by, in partnership with, or
similarly affiliated with the trader in whose name futures or option trading is done, the controller is the
reporting trader and should answer all questions with respect to himself, not with respect to the person
whose trading is controlled.
1. Name and address of the trader. If futures or option trading is done in the name of a firm, list the
firm’s name as the reporting trader. If the futures or option trading is done in the name of an
individual, list the reporting trader’s last name, first name, and middle initial.
2. Principal business and occupation of the reporting trader. Show the principal business or
occupation of reporting trader. In addition, for question 2b, check at least one and/or as many
categories as are applicable.
3. Type of trader. Indicate type with respect to the reporting trader. If individual, joint tenant, or
partnership is indicated, complete Part B in addition to Part A. If corporation, association, or trust,
etc., is indicated, complete Part C in addition to Part A.
4. Is the reporting trader registered under the Commodity Exchange Act? Answer “yes” only if
the registration is currently in effect. Note: If the registration status changes during the next twelve
months, the reporting trader is not required to file an updated Form 40.
5. Does the reporting trader control the futures or option trading for any other persons?
Traders control the futures or option trading of other persons if, by power of attorney or otherwise,
they actually direct trading in futures or option accounts of other persons. Persons who control all
or a portion of the assets of commodity pools must give the names and addresses of each
commodity pool operator and for each commodity pool operator the names of the pools for which
trading is controlled. For managed or guided account customer programs in which 10 or more
persons participate, give the name of the program indicating that it is a customer trading program
and give the name and address of the person sponsoring the program.
6. Does any other person control the trading of the reporting trader? Do not include brokers
unless, by power of attorney or otherwise, the broker actually directs the trading. Persons who are
commodity pool operators, or participate in the management of commodity pools by selecting an
advisor to trade the assets of the pools, give the names of each pool for which assets are
3
managed, indicate whether you are a commodity pool operator for the pool, and, for each pool,
give the names, addresses and business phones of those controlling the trading of the assets of
the pool.
7. Give names and locations of all firms through which the reporting trader now carries
accounts. In addition, provide the name of the account executive at each office of the firms at
which the futures or option trading accounts are carried. (Note: If the information in answer to this
question changes, an updated statement is not required.)
8. Do any other persons guarantee the futures or option trading accounts of the reporting
trader or have a financial interest of 10 percent or more in the reporting trader or the futures
or option accounts of the reporting trader? If “yes,” list the names and locations of such
persons and show whether they guarantee the accounts by checking “G,” or have a financial
interest in the accounts of the reporting trader by checking “F.”
9. Does the reporting trader guarantee or have a financial interest of 10 percent or more in
futures or option accounts not in the trader’s name or have a financial interest of 10 percent
or more in another futures or option trader? If “yes,” give (1) the names of the accounts that
the reporting trader guarantees or in which the reporting trader has a financial interest (including
interest as a limited partner), the names of the principal owners of such accounts, and the names
and the locations of the brokerage firms through which such accounts are carried; and/or (2) the
names of the futures or option traders in which the reporting trader has a financial interest. In
addition, show whether the reporting trader guarantees (G) or has a financial interest (F) in the
traders or accounts listed.
10. Does the reporting trader represent a foreign government? If the reporting trader is a
representative or instrumentality of a foreign government, specify the relationship according to
those shown on the form. On a continuation sheet, briefly elaborate on the type of relationship,
and indicate any manner in which the futures or option trading is restricted or otherwise controlled.
COMPLETING PART B
To be Completed by Individuals, Joint Tenants, and Partnerships
1. Give the telephone number at which the reporting trader can be contacted during normal
business hours.
2. Employer and job title. This question should be answered only if type of trader (Part A,
question 3) has been checked “individual.”
3. Is the reporting trader commercially engaged in business activities hedged by use of the
futures or option markets? This would include production, merchandising, or processing of a
cash commodity, asset/liability risk management by depository institution, security portfolio risk
management, etc. If “yes,” complete schedule 1 listing the futures or option contract used, the
cash commodity(ies) hedged, or the risk exposure covered, and the marketing occupations
associated with hedging uses. (For a definition of hedging, see the instructions for completing
Schedule 1.)
4. Does the reporting trader participate in the management of any organization that holds
another futures or option trading account? If the reporting trader is an officer, partner, or holds
a position of similar responsibility, answer “yes.”
5. For partnerships and joint tenants. For partnerships, list the name and address of each partner,
excluding limited partners in commodity pools. (Limited partners with 10 percent or more financial
interest should be reported under Part A, question 9.) For joint tenants, list each tenant. In both
instances, indicate which person ordinarily places orders.
4
COMPLETING PART C
To be Completed by Traders Who Checked Corporation, Association,
Trust, or “Other” Type of Trader in Part A
1. For corporations, associations, and trusts. In answering item “b” of this question, a company is
considered to be your parent if it has more than 50 percent financial interest in your firm. List all
parent companies. For example, a company that is a wholly owned subsidiary of a wholly owned
subsidiary would have two parent companies.
2. Is the reporting trader commercially engaged in business activities hedged by use of the
futures or option markets? This would include production, merchandising, or processing of a
cash commodity, asset/liability risk management by depository institution, security portfolio risk
management, etc. If “yes,” complete schedule 1 listing the futures or option contract used, the
cash commodity(ies) hedged or the risk exposure covered, and the market occupations associated
with hedging uses. (For a definition of hedging, see the instruction for completing schedule 1.)
3. Person(s) to contact regarding a firm’s futures or option trading. If the person to contact
regarding the firm’s futures or option trading is different than the person controlling such trading,
give name, office address, and business telephone number under question 3b. If same, please
indicate.
COMPLETING SCHEDULE 1
To be Completed Only by Traders Who Checked “Yes” to
Question 3 of Part B or Question 2 of Part C
General Definition. Bona fide hedging transactions and positions mean transactions and positions in
a contract for future delivery on any contract market, or in a commodity option, where such transactions
or positions normally represent a substitute for transactions to be made or positions to be taken at a
later time in a physical marketing channel, and where they are economically appropriate to the
reduction of risks in the conduct and management of a commercial enterprise, and where they arise
from:
1. The potential change in the value of assets which a person owns, produces, manufactures,
processes, or merchandises or anticipates owning, producing, manufacturing, processing, or
merchandising;
2. The potential change in the value of liabilities which a person owns or anticipates incurring; or
3. The potential change in the value of services which a person provides, purchases, or anticipates
providing or purchasing.
If the reporting trader’s use of the futures or option markets conforms to this general definition,
complete schedule 1 using a continuation sheet if necessary. The schedule is comprised of three parts
based on the type of futures or option market used for hedging: financial futures and options including
currencies; agricultural and natural resources futures and options, excluding livestock and meats; and,
livestock and meats futures and options. For each of the three types of futures and option markets that
you use for hedging, first list or check-off all merchandising or marketing activities associated with your
hedging. Next, list the futures and option markets you use and the cash market instruments,
commodities, or risk exposure that you hedge. If the marketing activities listed on the schedule do not
adequately describe activities associated with your hedging, check “other” and attach a short narrative
comment. Please contact any CFTC office if you have questions.
Complete and return this statement promptly. Print or type. ALL TRADERS MUST COMPLETE PART A
PART A
1. Name of reporting trader (if individual – last, first, middle initial).
Street Address
City/State/Country/Zip/Postal Code
2. a. Principal business and occupation of the reporting trader (be specific).
Does the reporting trader’s business include the trading of futures or options for customers?
YES NO
b. Is the reporting trader’s futures or option trading for, on behalf of, or in association with, any of the following: (Check
at least one and as many more as are applicable.)
(1)
A customer trading program of an FCM?
(2)
A commodity pool?
(3)
Speculative activity (i.e., futures or option transactions that do not constitute hedging)?
(4)
Commercial use by self or employer?
(5)
Other (specify).
3. Type of trader (check only one):
a.
Individual
b.
Joint tenant
In addition to Part A, complete Part B
c.
Partnership
d.
Corporation
e.
Association
f.
Trust
In addition to Part A, complete Part C
g.
Other (specify)
4. Is the reporting trader registered under the Commodity Exchange Act as:
YES NO
a. A futures commission merchant?
b. An introducing broker?
c. An associated person of an FCM?
d. A commodity trading advisor?
e. A commodity pool operator?
f. A floor broker?
g. A floor trader?
5. Does the reporting trader control the futures or option trading of any other persons? Persons include individuals,
associations, partnerships, corporations, and trusts.
YES NO
If “YES,” give names and addresses of such persons. See the instructions for reporting commodity pools and managed or
guided account customer trading programs. (Use a continuation sheet if necessary.)
Name Street Address
City/State/Country/ZIp/Postal Code
Name Street Address
City/State/Country/Zip/Postal Code
Name Street Address
City/State/Country/Zip/Postal Code
2
6. Do any other persons control the trading of the reporting trader? (Do not include brokers who merely execute orders.)
YES NO
If “YES,” give names, addresses, and business telephone numbers of such persons. See the
instructions for reporting trading advisors that trade the assets of commodity pools. (Use a
continuation sheet, if necessary.)
Name Street Address
Business Phone City/State/Country/ZIp/Postal Code
Name Street Address
Business Phone City/State/Country/ZIp/Postal Code
7. Give names and locations of all firms through which the reporting trader now carries accounts and the name of the account
executive at each firm. If U.S. location, give city and state; if foreign country, give city and country. (Use a continuation
sheet, if necessary.)
Firm City/State/Country
Account Executive
8. Do any other persons guarantee the futures or option trading accounts of the reporting trader or have a financial interest of
10 percent or more in the reporting trader or in the futures or option accounts of the reporting trader?
YES NO
If “YES,” give names and locations (city and state) of such persons. Indicate whether they guarantee (G) or have a financial
interest (F) in the reporting trader or the accounts. (Use a continuation sheet if necessary.)
(F) (G)
Name Location
(F) (G)
Name Location
9. Does the reporting trader guarantee or have a financial interest of 10 percent or more in futures or option accounts not in the
trader’s name or have a financial interest of 10 percent or more in another futures or option trader (including interest as
a limited partner)?
YES NO
If “YES,” give (a) the names of such accounts that the reporting trader guarantees or in which the reporting trader has a
financial interest, the names of the principal owners of such accounts, and the names and the locations of the brokerage
firms through which such accounts are carried; and/or (b) the names of the futures or option traders in which the reporting
trader has a financial interest. In addition, show whether the reporting trader guarantees (G) or has a financial interest (F) in
the traders or accounts listed.
(1) (F) (G) (2)
Account or Trader Name Principal Owner(s) of the Account
(3) (4)
Brokerage Firm Carrying the Account Brokerage Firm Location
10. Does the reporting trader represent a foreign government, act as an agent of a foreign government, receive financing from a
foreign government either through ownership of capital assets or provision of operation expenses, or is the reporting
trader an entity specially acknowledged by a statute or regulation of a foreign jurisdiction?
YES NO
If “YES,” give the name of the country that the trader represents and complete items a through e below.
Name of Country
a. Does the reporting trader act as an agent of the government?
YES NO
b. Is the reporting trader acknowledged by a statute or regulation of a foreign jurisdiction?
YES NO
c. Does the government directly or indirectly control the trading?
YES NO
d. Does the government finance the reporting trader, either through capital ownership of assets or by providing
operating expenses?
YES NO
e. Use a continuation sheet to briefly describe the nature of the relationship(s) with foreign governments indicated in items
a-d above, or any other manner in which the reporting trader represents a foreign government.
This statement should be signed by the reporting trader personally.
If the reporting trader is in the name of an organization, a partner, officer, or trustee should sign this form.
Name and title should be printed or typed on the lines above signature and date.
Name (print or type) Title
Signature Date
3
PART B
For Individual, Joint Tenant or Partnership Accounts
If INDIVIDUAL, JOINT TENANT, or PARTNERSHIP is Checked as Type of Trader in Part A, Item 3,
Complete This Part B
Name of Reporting Trader (as shown in Part A)
1. Business Telephone Number of Reporting Trader.
2. Answer a and b only if type has been checked “Individual.”
a. Name of Employer
b. Job Title
3. Is the reporting trader engaged in business activities hedged by use of the futures or option markets? This would include
production, merchandising or processing of a cash commodity, asset/liability risk management, security portfolio risk
management, etc.
YES NO
If “YES,” complete Schedule 1 listing the futures or option contract used, the cash commodity(ies) hedged or the risk
exposure covered, and the marketing occupations associated with hedging uses. (For a definition of hedging, see the
instructions for completing Schedule 1.)
4. Does the reporting trader participate in the management of any organization that holds another futures or option trading
account?
YES NO
If “YES,” give names and addresses of organizations and check type. (Use a continuation sheet, if necessary.)
Name of Organization
Street Address
City/State/CountryZip/Postal Code
Corporation
Partnership
Trust
Other (specify)
5. For partnerships and joint tenants: List name and address of each partner and/or joint tenant, excluding limited partners
in commodity pools. (Limited partners with 10 percent or more financial interest should be reported under question 8 of
Part A.) Indicate by an asterisk which person ordinarily places orders. (Not required if the reporting trader is a futures
commission merchant registered under the Commodity Exchange Act.) (Use a continuation sheet, if necessary.)
Name Street Address
City/State/Country/ZIp/PostalCode
Name Street Address
City/State/Country/ZIp/PostalCode
Name Street Address
City/State/Country/ZIp/PostalCode
4
PART C
For Corporations, Associations, Trusts, or “Other” Types of Traders Only
If CORPORATION, ASSOCIATION, TRUST, or “OTHER” is Checked as Type of Trader in Part A, Item 3,
Complete this Part C
Name of Reporting Trader (as shown in Part A)
1. For firms such as corporations, associations, trusts:
a. Is this firm organized under the laws of any state or other jurisdiction in the United States?
YES NO
If “NO,” give the name of the country under whose jurisdiction the reporting trader is
organized:
b. List the names and locations of all parent companies. Indicate whether or not the parents are organized or
incorporated under the laws of any state or other jurisdiction in the United States by checking “YES” or “NO.”
If the reporting trader has no parent organization check “NONE.”
NONE
YES NO
Name Location
YES NO
Name Location
c. Give names and locations of all subsidiaries, if any, that trade in commodity futures or options. Indicate whether or
not each company is organized or incorporated under the laws of any state or other jurisdiction in the United States
by checking “YES” or “NO.” If no subsidiaries, check “NONE.”
NONE
YES NO
Name Location
YES NO
Name Location
YES NO
Name Location
2. Is the reporting trader engaged in business activities hedged by use of the futures or option markets?
This would include production, merchandising or processing of a cash commodity, asset/liability risk
management, security portfolio risk management, etc.
YES NO
If “YES,” complete Schedule 1 listing the futures or option contract used, the cash commodity(ies) hedged or the risk
exposure covered, and the marketing occupations associated with hedging uses. (For a definition of hedging, see the
instructions for completing Schedule 1.)
3. a. Give name, office address, and business telephone number of person(s) controlling the futures or option trading of
the reporting trader. If different persons are responsible for different commodities, use a continuation sheet to list
the information below for each controller, and indicate the commodities for which they are responsible.
Name Street Address
Business Telephone Number City/State/Country/ZIp/Postal Code
b. Give name, office address, and business telephone number of person to contact regarding the futures or option
trading of the reporting trader.
Name Street Address
Business Telephone Number City/State/Country/ZIp/Postal Code
SCHEDULE 1: To be completed only by traders who checked “Yes” to question 3 of Part B or question 2 of Part C. (1) Complete
each section that pertains to the types of futures/options in which you hedge or cover a risk exposure. (2) List or check your
merchandising or marketing activity(ies). (3) List all futures/option markets used. (4) List all cash commodities hedged or risk exposure
covered. [Use a continuation sheet if necessary.]
List Futures or Option Markets Used. List Cash
Markets Hedged or Risk Exposure Covered.
FINANCIAL FUTURES/OPTIONS
(e.g., Bonds, Notes, Bills, Eurodollars, Stock Indices & Foreign Currencies)
(Check each
activity that you hedge with futures/options)
FUTURES/OPTION
MARKETS USED
CASH MARKETS
HEDGED
ARBITRAGEUR, BROKER/DEALER, MARKET MAKER (A)
U.S. COMMERCIAL BANK (C) CORPORATE TREASURY (T)
NON-U.S. COMMERCIAL BANK (B) PENSION FUND (F)
SWAPS/DERIVATIVES DEALER (S) INSURANCE COMPANY (G)
MORTGAGE ORIGINATOR (M) HEDGE FUNDS (H)
COLLEGE ENDOWMENT, TRUST, FOUNDATION (D)
MUTUAL FUND (E)
MANAGED ACCOUNTS AND COMMODITY POOLS (P)
OTHER (O): Specify
(e.g., central bank, savings & loan)
List Futures or Option Markets Used. List Cash
Commodities Hedged or Risk Exposure Covered.
AGRICULTURAL AND NATURAL RESOURCE FUTURES/OPTIONS
(Other Than Livestock/Meat)
(Check each
commercial activity that you hedge with futures/options)
FUTURES/OPTION
MARKETS USED
CASH MARKETS
HEDGED
PRODUCER (P): Specify
(e.g., farmer, miner)
MANUFACTURER (M): Specify
(e.g., refiner, miller, crusher, fabricator, sawmill, coffee roaster, cocoa grinder)
DEALER/MERCHANT (D): Specify
(e.g., wholesaler, exporter/importer, shipper, grain elevator operator, crude oil marketer)
SWAPS/DERIVATIVES DEALER (S)
OTHER (O): Specify
(e.g., end user, restaurant chain)
List Futures or Option Markets Used. List Cash
Commodities Hedged or Risk Exposure Covered.
LIVESTOCK/MEAT FUTURES/OPTIONS
(Check each
commercial activity that you hedge with futures/options)
FUTURES/OPTION
MARKETS USED
CASH MARKETS
HEDGED
LIVESTOCK FEEDER (F): Specify
(e.g., cattle feeder, hog feeder, poultry feeder)
LIVESTOCK SLAUGHTERER (S): Specify
OTHER (O): Specify
(e.g., cow/calf operator, meat processor, bacon slicer, warehouseman, restaurant chain,
swaps/derivatives dealer)
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CFTC Form 40 - Statement of Reporting Trader

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Completed 18 September 2019

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