(a) No commodity pool operator, commodity trading advisor, or any principal thereof, may advertise in a manner which:
(1) Employs any device, scheme or artifice to defraud any participant or client or prospective participant or client;
(2) Involves any transaction, practice or course of business which operates as a fraud or deceit upon any participant or client or any prospective participant or client; or
(3) Refers to any testimonial, unless the advertisement or sales literature providing the testimonial prominently discloses:
(i) That the testimonial may not be representative of the experience of other clients;
(ii) That the testimonial is no guarantee of future performance or success; and
(iii) If, more than a nominal sum is paid, the fact that it is a paid testimonial.
(b)(1) No person may present the performance of any simulated or hypothetical commodity interest account, transaction in a commodity interest or series of transactions in a commodity interest of a commodity pool operator, commodity trading advisor, or any principal thereof, unless such performance is accompanied by one of the following:
(1) No person may present the performance of any simulated or hypothetical commodity interest account, transaction in a commodity interest or series of transactions in a commodity interest of a commodity pool operator, commodity trading advisor, or any principal thereof, unless such performance is accompanied by one of the following:
(i) The following statement: ``These results are based on simulated or hypothetical performance results that have certain inherent limitations. Unlike the results shown in an actual performance record, these results do not represent actual trading. Also, because these trades have not actually been executed, these results may have under-or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated or hypothetical trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to these being shown.'' ; or
(ii) A statement prescribed pursuant to rules promulgated by a registered futures association pursuant to section 17(j) of the Act.
(2) If the presentation of such simulated or hypothetical performance is other than oral, the prescribed statement must be prominently disclosed and in immediate proximity to the simulated or hypothetical performance being presented.
(c) The provisions of this section shall apply:
(1) To any publication, distribution or broadcast of any report, letter, circular, memorandum, publication, writing, advertisement or other literature or advice, whether by electronic media or otherwise, including information provided via internet or e-mail, the texts of standardized oral presentations and of radio, television, seminar or similar mass media presentations; and
(2) Regardless of whether the commodity pool operator or commodity trading advisor is exempt from registration under the Act. (Approved by the Office of Management and Budget under control number 3038-0005) [46 FR 26013, May 8, 1981, as amended at 46 FR 63035, Dec. 30, 1981; 60 FR 38192, July 25, 1995; 72 FR 8109, Feb. 23, 2007]
Sec. Appendix A to Part 4-- Form CPO-PQR[GRAPHIC] [TIFF OMITTED] TR24FE12.001 [GRAPHIC] [TIFF OMITTED] TR24FE12.002 [GRAPHIC] [TIFF OMITTED] TR24FE12.003 [GRAPHIC] [TIFF OMITTED] TR24FE12.004 [GRAPHIC] [TIFF OMITTED] TR24FE12.005 [GRAPHIC] [TIFF OMITTED] TR24FE12.006 [GRAPHIC] [TIFF OMITTED] TR24FE12.007 [GRAPHIC] [TIFF OMITTED] TR24FE12.008 [GRAPHIC] [TIFF OMITTED] TR24FE12.009 [GRAPHIC] [TIFF OMITTED] TR24FE12.010 [GRAPHIC] [TIFF OMITTED] TR24FE12.011 [GRAPHIC] [TIFF OMITTED] TR24FE12.012 [GRAPHIC] [TIFF OMITTED] TR24FE12.013 [GRAPHIC] [TIFF OMITTED] TR24FE12.014 [GRAPHIC] [TIFF OMITTED] TR24FE12.015 [GRAPHIC] [TIFF OMITTED] TR24FE12.016 [GRAPHIC] [TIFF OMITTED] TR24FE12.017 [GRAPHIC] [TIFF OMITTED] TR24FE12.018 [GRAPHIC] [TIFF OMITTED] TR24FE12.019 [GRAPHIC] [TIFF OMITTED] TR24FE12.020 [GRAPHIC] [TIFF OMITTED] TR24FE12.021 [GRAPHIC] [TIFF OMITTED] TR24FE12.022 [GRAPHIC] [TIFF OMITTED] TR24FE12.023 [GRAPHIC] [TIFF OMITTED] TR24FE12.024 [GRAPHIC] [TIFF OMITTED] TR24FE12.025 [GRAPHIC] [TIFF OMITTED] TR24FE12.026 [GRAPHIC] [TIFF OMITTED] TR24FE12.027 [GRAPHIC] [TIFF OMITTED] TR24FE12.028 [GRAPHIC] [TIFF OMITTED] TR24FE12.029 [GRAPHIC] [TIFF OMITTED] TR24FE12.030 [GRAPHIC] [TIFF OMITTED] TR24FE12.031 [GRAPHIC] [TIFF OMITTED] TR24FE12.032 [GRAPHIC] [TIFF OMITTED] TR24FE12.033 [GRAPHIC] [TIFF OMITTED] TR24FE12.034 [GRAPHIC] [TIFF OMITTED] TR24FE12.035 [GRAPHIC] [TIFF OMITTED] TR24FE12.036 [GRAPHIC] [TIFF OMITTED] TR24FE12.037 [GRAPHIC] [TIFF OMITTED] TR24FE12.038 [GRAPHIC] [TIFF OMITTED] TR24FE12.039 [GRAPHIC] [TIFF OMITTED] TR24FE12.040 [GRAPHIC] [TIFF OMITTED] TR24FE12.041 [GRAPHIC] [TIFF OMITTED] TR24FE12.042 [GRAPHIC] [TIFF OMITTED] TR24FE12.043 [GRAPHIC] [TIFF OMITTED] TR24FE12.044 [GRAPHIC] [TIFF OMITTED] TR24FE12.045 [GRAPHIC] [TIFF OMITTED] TR24FE12.046 [GRAPHIC] [TIFF OMITTED] TR24FE12.047 [GRAPHIC] [TIFF OMITTED] TR24FE12.048 [GRAPHIC] [TIFF OMITTED] TR24FE12.049 [GRAPHIC] [TIFF OMITTED] TR24FE12.050 [GRAPHIC] [TIFF OMITTED] TR24FE12.051 [77 FR 11286, Feb. 24, 2012] Sec. Appendix B to Part 4--Adjustments for Additions and Withdrawals in the Computation of Rate of Return
This appendix provides guidance concerning alternate methods by which commodity pool operators and commodity trading advisors may calculate the rate of return information required by Rules 4.25(a)(7)(i)(F) and 4.35(a)(6)(i)(F). The methods described herein are illustrative of calculation methods the Commission has reviewed and determined may be appropriate to address potential material distortions in the computation of rate of return due to additions and withdrawals that occur during a performance reporting period. A commodity pool operator or commodity trading advisor may present to the Commission proposals regarding any alternative method of addressing the effect of additions and withdrawals on the rate of return computation, including documentation supporting the rationale for use of that alternate method.
1. Compounded Rate of Return Method
Rate of return for a period may be calculated by computing the net performance divided by the beginning net asset value for each trading day in the period and compounding each daily rate of return to determine the rate of return for the period. If daily compounding is not practicable, the rate of return may be compounded on the basis of each sub-period within which an addition or withdrawal occurs during a month. For example: ----------------------------------------------------------------------------------------------------------------
Account value Change in value----------------------------------------------------------------------------------------------------------------Start of month.................................. $10,000 +10% ($1,000 profit).End of 1st acct. period......................... 11,000 $4,000 addition.Start of 2nd acct. period....................... 15,000 -20% ($3,000 loss).End of 2nd acct. period......................... 12,000 $2,000 withdrawal.Start of 3rd acct. period....................... 10,000 +25% ($2,500 profit).End of month.................................... 12,500----------------------------------------------------------------------------------------------------------------Compounded ROR = [(1 + .1)(1 - .2)(1 + .25)] - 1 = 10%.
2. Time-weighted method
Time-weighting allows for adjustment to the denominator of the rate of return calculation for additions and withdrawals, weighted for the amount of time such funds were available during the period. Several methods exist for time-weighting, all of which will have the same arithmetic result. These methods include: dividing the net performance by the average weighted account sizes for the month; dividing the net performance by the arithmetic mean of the account sizes for each trading day during the period; and taking the number of days funds were available for trading divided by the total number of days in the period. [68 FR 47236, Aug. 8, 2003; 68 FR 53430, Sept. 10, 2003]
Appendix C to Part 4--Form CTA-PR[GRAPHIC] [TIFF OMITTED] TR24FE12.052 [GRAPHIC] [TIFF OMITTED] TR24FE12.053 [GRAPHIC] [TIFF OMITTED] TR24FE12.054 [GRAPHIC] [TIFF OMITTED] TR24FE12.055 [GRAPHIC] [TIFF OMITTED] TR24FE12.056 [77 FR 11337, Feb. 24, 2012]