Energize Emerging Opportunities Act

Energize Emerging Opportunities Act

Directs the Commodity Futures Trading Commission to amend regulations regarding criteria qualifying certain registered commodity pool operators for exemption from requirements for specified risk disclosures, performance disclosures, periodic reporting, annual reporting, and recordkeeping.

Alters one criterion for qualification for such exemptions currently granted to: (1) registered commodity pool operators who sell participations in a pool solely to qualified eligible persons in an offering which qualifies for exemption from the registration requirements of the Securities Act, and (2) certain banks registered as commodity pool operators in connection with a pool that is a collective trust fund whose securities are exempt from registration under the Securities Act.

Repeals the current additional criterion for such banks that the securities must be offered or sold, without marketing to the public, solely to qualified eligible persons. Replaces such criterion with one stating simply that the securities must be sold solely to qualified eligible persons. (Thus, eliminates the requirement that such securities be offered or sold without marketing to the public, and so allows such marketing.)

Repeals the current prerequisite for exemption of interests in a commodity pool from registration under the Securities Act of 1933 that such interests be offered and sold without marketing to the public in the United States. Requires such interests, instead, simply to be offered and sold pursuant to specified requirements for exempted transactions. (Thus, also eliminates the requirement that such interests be offered and sold without marketing to the public in the United States, and so allows such marketing.)

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1954 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 1954

To align exemptions for general solicitation of investment in commodity 
  pools similar to the exemption provided for general solicitation of 
       securities under the Jumpstart Our Business Startups Act.


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                    IN THE HOUSE OF REPRESENTATIVES

                             April 22, 2015

 Mr. Fincher introduced the following bill; which was referred to the 
                        Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
To align exemptions for general solicitation of investment in commodity 
  pools similar to the exemption provided for general solicitation of 
       securities under the Jumpstart Our Business Startups Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energize Emerging Opportunities 
Act''.

SEC. 2. EXEMPTION FOR GENERAL SOLICITATION OF INVESTMENT IN COMMODITY 
              POOLS.

    Within 90 days after the date of the enactment of this Act, the 
Commodity Futures Trading Commission shall--
            (1) revise section 4.7(b) of title 17, Code of Federal 
        Regulations, in the matter preceding paragraph (1), to read as 
        follows:
    ``(b) Relief available to commodity pool operators. Upon filing the 
notice required by paragraph (d) of this section, and subject to 
compliance with the conditions specified in paragraph (d) of this 
section, any registered commodity pool operator who sells 
participations in a pool solely to qualified eligible persons in an 
offering which qualifies for exemption from the registration 
requirements of the Securities Act pursuant to section 4(2) of that Act 
or pursuant to Regulation S, 17 CFR 230.901 et seq., and any bank 
registered as a commodity pool operator in connection with a pool that 
is a collective trust fund whose securities are exempt from 
registration under the Securities Act pursuant to section 3(a)(2) of 
that Act and are sold solely to qualified eligible persons, may claim 
any or all of the following relief with respect to such pool:''; and
            (2) revise section 4.13(a)(3)(i) of such title to read as 
        follows:
    ``(i) Interests in the pool are exempt from registration under the 
Securities Act of 1933, and such interests are offered and sold 
pursuant to section 4 of the Securities Act of 1933 and the regulations 
thereunder;''.
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