(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 activities and futures contracts used for hedging.

(d) Signature of the trader and date of signing the report. If the account is in the name of an organization, signature must be that of a partner, officer, or trustee authorized to sign on behalf of that organization.

(e) Updating reports-If at the time a trader holds or controls a reportable position and (i) the trader has not filed a Form 40 during the previous twelve months or (ii) a Form 40 previously filed by the trader is then no longer accurate because since the previous filing there has been a change in the information required under paragraph (a)(2), (a)(3), (a)(5), (a)(6), (a)(8), (a)(9), (b) or (c) of this section, the trader shall file an updated Form 40 with the Commission not later than

10 calendar days after the expiration of such twelve month period or after such change occurs respectively: Provided however, that unless directed by the Commission, a trader who has filed a Form 40 with the Commission at any time during the period February 1, 1977, to January 31, 1979, shall not be required to file the trader's first updated Form 40 under this section until the anniversary date of the filing of the most recent Form 40 filed during that period.

(Secs. 4g, 4i, and 8a(5) of the Commodity Exchange Act, 7 U.S.C. 6(g), 61, and 12a(5)(1976), as amended by Pub. L. 95-405, 92 Stat. 865 et seq.)

[43 FR 60149, Dec. 26, 1978]

§ 18.05 Maintenance of books and records.

Every trader who holds or controls a reportable position, shall keep books and records showing all details concerning all positions and transactions for future delivery in the commodity on all contract markets and all positions and transactions in the cash commodity, its products, and byproducts, and shall upon request furnish to the Commission any pertinent information concerning such positions and transactions.

(Sec. 41, 49 Stat. 1496, 88 Stat. 1392; 7 U.S.C. 61)

§ 18.06 Use of data-processing media.

Any trader may provide the required series '03 information on compatible data-processing punched cards, magnetic tapes, magnetic discs or computer printouts provided that the format and coding structure used thereon have been approved in writing by the Executive Director or his designee. Information provided by means of data processing punched cards, magnetic tapes or magnetic discs shall also be accompanied by a complete and accurate printout of the information.

(Secs. 4(i) and 8a(5) of the Act, 7 U.S.C. 6i, and 12a(5)(Supp. V., 1975)) [43 FR 37431, Aug. 23, 1978]

§ 18.07 Reports by foreign traders.

Any trader located outside of the United States or its territories shall not be required, until such date as the

Commission upon 20 days notice provides, to file the reports required by § 18 of this Part 18 of these regulations for any commodity regulated under the Act but not specifically set forth in section 2(a) of the Act prior to the enactment of the Commodity Futures Trading Commission Act of 1974, except that any such trader is required to file such reports within one business day after a special call upon such trader by the Commission.

(Sec. 41, 49 Stat. 1496, 88 Stat. 1392; 7 U.S.C. 61)

19.00 General provisions. 19.01 Cash reports pertaining to futures positions in wheat, corn, oats, rye, barley, flaxseed, and soybeans.

19.02 Cash reports pertaining to futures positions in cotton.

19.03 Cash reports pertaining to futures positions in eggs.

19.04 Cash reports pertaining to futures positions in potatoes.

19.05-19.09 [Reserved]

19.10 Time and place of filing reports.

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

SOURCE: 43 FR 45828, Oct. 4, 1978, unless otherwise noted.

§ 19.00 General provisions.

(a) Who must file series '04 reports. The following persons are required to file series '04 reports:

(1) All persons holding or controlling positions for future delivery that are reportable pursuant to § 15.00(b)(2) of this chapter and any part of which constitute bona fide hedging positions as defined in § 1.3(z) of this chapter, and

(2) Merchants, processors, and dealers of cotton holding or controlling positions for future delivery in cotton that are reportable pursuant § 15.00(b)(2) of this chapter.

to

(b) Information required. Persons required to file series '04 reports shall show the information specified in:

Sec.

19.01 If the reportable futures position is in wheat, corn oats, rye, barley, flaxseed, and soybeans.

19.02 If the reportable futures position is in cotton.

19.03 If the reportable futures position is in eggs.

19.04 If the reportable futures position is in potatoes.

The manner of reporting the information required in §§ 19.01 through 19.04 is subject to the following:

(1) Excluding products or byproducts of the cash commodity hedged. If the regular business practice of the reporting trader is to exclude certain products or byproducts in determining his cash positions for bona fide hedging (as defined in § 1.3(z) of this chapter), the same shall be excluded in the report. Such persons shall furnish to the Commission upon request detailed information concerning the kind and quantity of product or byproduct so excluded.

(2) Cross hedges. Cash positions that represent a commodity or products or byproducts of a commodity that is different from the commodity for future delivery in which such cash position is being hedged shall be shown both in terms of the commodity for future delivery and in terms of the cash commodity as provided for on the appropriate series '04 form.

(3) Standards and conversion factors. In computing their cash position, every person shall use such standards and conversion factors that are usual in the particular trade or that otherwise reflect the value-fluctuationequivalents of the cash position in terms of the commodity for future delivery. Such person shall furnish to the Commission upon request detailed information concerning the basis for and derivation of such conversion factors.

§ 19.01 Cash reports pertaining to futures positions in wheat, corn, oats, rye, barley, flaxseed, and soybeans. Persons holding or controlling positions for future delivery in wheat, corn, oats, rye, barley, flaxseed, or soybeans that are reportable pursuant to § 15.00(b)(2) of this chapter and any part of which constitute bona fide

hedging positions as defined in § 1.3(z) of this chapter shall file CFTC Form 204 reports showing the composition of the fixed price cash position of each commodity hedged in the above enumerated grain or soybean futures including:

(a) The quantity of stocks owned of such commodities and their products and byproducts.

(b) The quantity of fixed price purchase commitments open in such cash commodities and their products and byproducts.

(c) The quantity of fixed price sale commitments open in such cash commodities and their products and byproducts.

§ 19.02 Cash reports pertaining to futures positions in cotton.

Persons holding or controlling positions for future delivery in cotton which are reportable pursuant to § 15.00(b)(2) of this chapter and any part of which constitute bona fide hedging positions as defined in § 1.3(z) of this chapter and merchants, processors, and dealers in cotton holding or controlling positions for future delivery in cotton which are reportable pursuant to § 15.00(b)(2) of this chapter shall file CFTC Form 304 reports containing the following information:

(a) For each commodity hedged in cotton futures-the quantity of open fixed price spot positions (long and short) including:

(1) Unfilled open fixed price purchase commitments;

(2) Stocks on hand (owned and at fixed prices), and the quantity of the commodity in process of manufacture, and finished products; and

(3) Unfilled fixed price sale commitments of the commodity and of finished products.

(b) The quantity of call cotton bought or sold on which the price has not been fixed, together with the respective futures on which based. As used herein, call cotton refers to spot cotton bought or sold, or contracted for purchase or sale, at a price to be fixed later based upon a specified future.

(c) The quantity of certificated cotton owned.

§ 19.03 Cash reports pertaining to futures positions in eggs.

Persons holding or controlling positions for future delivery in eggs that are reportable pursuant to § 15.00(b)(2) of this chapter and any part of which constitute bona fide hedging positions as defined in § 1.3(z) of this chapter shall file CFTC Form 504 reports showing the composition of the fixed price cash position of each cash commodity hedged in egg futures including:

(a) The quantity of stocks owned of such commodities and their products and byproducts.

(b) The quantity of fixed price purchase commitments open in such cash commodities and their products and byproducts.

(c) The quantity of fixed price sale commitments open such cash commodities and their products and byproducts. Each report shall contain information with respect to (1) shell eggs (in cold storage and elsewhere), (2) frozen whole eggs, (3) frozen plain egg whites, (4) frozen plain egg yolks, and (5) egg products.

§ 19.04 Cash reports pertaining to futures positions in potatoes.

Persons holding or controlling positions for future delivery in potatoes which are reportable pursuant to § 15.00(b)(2) of this chapter and any part of which constitute bona fide hedging positions as defined in § 1.3(z) of this chapter shall file CFTC Form 604 reports containing the following information:

(a) The composition of the fixed price cash position of each commodity hedged in potato futures including;

(1) The quantity of stocks owned of such commodities and their products and byproducts and the quantity in process of manufacture,

(2) The quantity of fixed price purchase commitments open in such cash commodities, and

(3) The quantity of fixed price sale commitments open in such cash commodities and their products and byproducts, identified as to kind of product.

(b) The amount of potatoes being raised or expected to be raised by such

§ 19.10 Time and place of filing reports. If a person required to file CFTC series '04 reports has an office in a city in which the Commission has an office, each report shall be filed at such Commission office not later than the third business day; and, in the case of the CFTC Form 304 report required for cotton, not later than the first business day following Friday of the week or other period covered by the report. If a person is not located in a city in which the Commission has an office, each report shall be transmitted by mail, postmarked not later than midnight of the second business day and, in the case of the CFTC Form 304 report required for cotton, not later than the first business day following the week or other period covered by the report, as follows:

(a) CFTC Form 204 reports with respect to transactions in wheat, corn, oats, rye, barley, flaxseed, and soybeans and CFTC Form 504 reports with respect to transactions in eggs should be sent to the Commission office in Chicago, Ill., unless otherwise specifically authorized by the Commission.

(b) CFTC Form 304 reports with respect to transactions in cotton and CFTC Form 604 reports with respect to transactions in potatoes should be sent to the Commission office in New York, N.Y., unless otherwise specifically authorized by the Commission.

(b) The requirements of this section shall not apply to any member of a contract market whose uncleared transactions are recorded on the books of a clearing member or members of such contract market and are included in the reports furnished to the Commission by such clearing member or members.

(Secs. 5 and 8a, 42 Stat. 1000, 1500, 88 Stat. 1392; 7 U.S.C. 7, 12a)

[41 FR 3210, Jan. 21, 1976]

PART 21-SPECIAL CALLS FOR INFORMATION FROM FUTURES COMMISSION MERCHANTS, FOREIGN BROKERS, AND MEMBERS OF CONTRACT MARKETS

Sec.

21.00 Preparation and transmission of information upon special call.

21.01 Special calls for information on controlled accounts from futures commission merchants.

21.02 Special calls for information on open contracts in accounts carried by futures commission merchants, members of contract markets, and foreign brokers. SOURCE: 41 FR 3210, Jan. 21, 1976, unless otherwise noted.

§ 21.00 Preparation and transmission of information upon special call.

All information required upon special call shall be prepared in such form and manner and in accordance with such instructions, and shall be transmitted at such time and to such office of the Commission, as may be specified in the call.

(Sec. 5, 42 Stat. 1000; 7 U.S.C. 7)

§ 21.01 Special calls for information on controlled accounts from futures commission merchants.

Upon call by the Commission, each futures commission merchant shall file with the Commission the names and addresses of all persons who, by power of attorney or otherwise, exercise trading control over any customer's account or accounts in commodity futures on contract markets.

(Sec. 4f, 49 Stat. 1495, as amended; 7 U.S.C. 6f)

§ 21.02 Special calls for information on open contracts in accounts carried by futures commission merchants, members of contract markets, and foreign brokers.

Upon special call by the Commission, each futures commission merchant, member of a contract market, or foreign broker, shall furnish to the Commission the following information for the commodity, contract market, and date specified in such call:

(a) The name, address, and principal occupation of all traders, including house accounts, holding open contracts on the records of such futures commission merchant, member of a contract market, or foreign broker;

(b) The open contracts held or controlled by such traders in each future excluding contracts against which delivery notices have been stopped or against which delivery notices have been issued by the clearing organization of the contract market upon which delivery will occur.

(c) The classification of such traders' open contracts as speculative, spreading (straddling), or hedging, or as “futures commission merchant" or "foreign broker," if such trader is another futures commission merchant or foreign broker.

(Secs. 4g, 41, 5(d), and 8a of the Commodity Exchange Act, 7 U.S.C. 6g, 6i, 7(d) and 12a (1976))

[41 FR 3210, Jan. 21, 1976, as amended at 46 FR 18530, Mar. 25, 1981]

EFFECTIVE DATE NOTE: At 46 FR 18530, Mar. 25, 1981, § 21.02(b) was revised, effective May 15, 1981. For the convenience of the user, the superseded text is set out below.

§ 21.02 Special calls for information on open contracts in accounts carried by futures commission merchants, members of contract markets, and foreign brokers

(b) The open contracts held or controlled by such traders in each future; and

§ 30.02 Fraud in connection with transaction in futures contracts other than on domestic contract markets.

It shall be unlawful for any person, by use of the mails or by any means or instrumentality of interstate commerce, directly or indirectly, in or in connection with any account, agreement or transaction involving any contract of sale of a commodity for future delivery, traded or executed on any board of trade, exchange or market other than a contract market designated pursuant to Section 5 of the Act, as amended:

(a) To cheat or defraud or attempt to cheat or defraud any other person;

(b) To make or cause to be made to any other person any false report or statement thereof or to enter or cause to be entered for any person any false record thereof;

(c) To deceive or attempt to deceive any other person by any means whatsoever in regard to any such account, agreement or transaction or the disposition or execution of any such account, agreement or transaction or in regard to any act of agency performed with respect to such account, agreement or transaction; or

(d) To bucket any order, or to fill any order by offset against the order or orders of any other person or without the prior consent of any person to become the buyer in respect to any such selling order of person, or become the seller in respect to any buying order of such person.

(Secs. 2(a), 4c, and 8a, 42 Stat. 998, 49 Stat. 1494, 1500, as amended by 49 Stat. 1401, 52 Stat. 205, 54 Stat. 1059, 68 Stat. 913, 69 Stat. 375, 82 Stat. 26, 413, 88 Stat. 1392, 1395, 1412, and secs. 2, 23, and 24 of Pub. L. 95405 (92 Stat. 865, 876-877); 7 U.S.C. 2, 6c, and 12a)

[41 FR 3211, Jan. 21, 1976]