An acknowledgment letter is an executed written agreement between (1) a futures commission merchant (FCM) or derivatives clearing organization (DCO) and (2) a depository or money market mutual fund (MMMF) whereby the depository or MMMF acknowledges that certain funds placed with it are customer funds that must be held in accordance with the Commodity Exchange Act and Commission regulations. The acknowledgment letter is required to be prepared using an applicable form as outlined within the Commission’s regulations.
Who must file – 17 CFR §§ 1.20(d)(4) and (g)(4)(iii), 1.26(b), 22.5(b), and 30.7(d)(4) require a depository or MMMF to provide a copy of an executed acknowledgment letter to the Commission. (Commission regulations also require FCMs and DCOs to file copies of executed acknowledgment letters.)
When to file – A depository or MMMF must provide a copy of an executed acknowledgment letter to the Commission no later than three business days after an FCM or DCO opens an account or a new acknowledgment letter for an existing account is executed, as applicable.
How to file – An executed acknowledgment letter must be submitted via electronic means, in a format and manner determined by the Commission. A DCO shall file an executed acknowledgment letter with the Commission using the Commission’s Portal. All other depositories, including FCMs acting as a depository, and MMMFs should file executed acknowledgment letters via the Commission’s web-based submission site (see below), or as otherwise instructed by the Commission or its designee. A depository or MMMF unable to file through the web-based submission site due to technical issues should contact the Commission at TechSupport@cftc.gov for further assistance.
What to file – A depository or MMMF filing via the web-based submission site must complete all required fields noted below. A separate filing should be completed for each acknowledgment letter executed. A copy of an executed acknowledgment letter should be submitted using an Adobe PDF (.pdf) format.
Signatures and Other Requirements – Each submitted executed acknowledgment letter should be dated and contain the printed name and title of the respective FCM or DCO and depository or MMMF representatives who executed the letter. The person making the submission on behalf of the depository or MMMF should provide a contact phone number and email address in the event that there is a question with respect to the filing.
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