§ 6m. Use of mails or other means or instrumentalities of interstate commerce by commodity trading advisors and commodity pool operators; relation to other law
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/usc/title-7/section-6mA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)It shall be unlawful for any commodity trading advisor or commodity pool operator, unless registered under this chapter, to make use of the mails or any means or instrumentality of interstate commerce in connection with his business as such commodity trading advisor or commodity pool operator: Provided, That the provisions of this section shall not apply to any commodity trading advisor who, during the course of the preceding twelve months, has not furnished commodity trading advice to more than fifteen persons and who does not hold himself out generally to the public as a commodity trading advisor. The provisions of this section shall not apply to any commodity trading advisor who is a
(1)dealer, processor, broker, or seller in cash market transactions of any commodity specifically set forth in section 2(a) of this title prior to October 23, 1974, (or products thereof) or
(2)nonprofit, voluntary membership, general farm organization, who provides advice on the sale or purchase of any commodity specifically set forth in section 2(a) of this title prior to October 23, 1974; if the advice by the person described in clause
(1)or
(2)of this sentence as a commodity trading advisor is solely incidental to the conduct of that person’s business: Provided, That such person shall be subject to proceedings under section 18 of this title.
(2)Nothing in this chapter shall relieve any person of any obligation or duty, or affect the availability of any right or remedy available to the Securities and Exchange Commission or any private party arising under the Securities Act of 1933 [15 U.S.C. 77a et seq.] or the Securities Exchange Act of 1934 [15 U.S.C. 78a et seq.] governing the issuance, offer, purchase, or sale of securities of a commodity pool, or of persons engaged in transactions with respect to such securities, or reporting by a commodity pool.
(3)Exception.—
(A)In general.— Paragraph
(1)shall not apply to any commodity trading advisor that is registered with the Securities and Exchange Commission as an investment adviser whose business does not consist primarily of acting as a commodity trading advisor, as defined in section 1a of this title, and that does not act as a commodity trading advisor to any commodity pool that is engaged primarily in trading commodity interests.
(B)Engaged primarily.— For purposes of subparagraph (A), a commodity trading advisor or a commodity pool shall be considered to be “engaged primarily” in the business of being a commodity trading advisor or commodity pool if it is or holds itself out to the public as being engaged primarily, or proposes to engage primarily, in the business of advising on commodity interests or investing, reinvesting, owning, holding, or trading in commodity interests, respectively.
(C)Commodity interests.— For purposes of this paragraph, commodity interests shall include contracts of sale of a commodity for future delivery, options on such contracts, security futures, swaps, leverage contracts, foreign exchange, spot and forward contracts on physical commodities, and any monies held in an account used for trading commodity interests.
(Sept. 21, 1922, ch. 369, § 4m, as added Pub. L. 93–463, title II, § 205(a), Oct. 23, 1974, 88 Stat. 1398; amended Pub. L. 95–405, § 8, Sept. 30, 1978, 92 Stat. 870; Pub. L. 97–444, title I, § 103, Jan. 11, 1983, 96 Stat. 2296; Pub. L. 106–554, § 1(a)(5) [title II, § 251(d)], Dec. 21, 2000, 114 Stat. 2763, 2763A–443; Pub. L. 111–203, title VII, §§ 721(e)(2), 749(b), July 21, 2010, 124 Stat. 1671, 1747.)
Connections94 cite this · traces to 5
Cited by 94 sections · top 60
statutes-at-large
- Public Law 93–463To amend the Commodity Exchange Act to strengthen the regulation of futures trading, to bring all agricultural and other commodities traded on exchanges under regulation, and for other purposes
- Public Law 106–554Making consolidated appropriations for the fiscal year ending September 30, 2001, and for other purposes
- Public Law 95–405To extend the Commodity Exchange Act, and for other purposes
- Public Law 97–444To extend the Commodity Exchange Act, and for other purposes.s Jan. 11, 1983 [[H
- Public Law 111–203To promote the financial stability of the United States by improving accountability and transparency in the financial system, to end “too big to fail”, to protect the American taxpayer by ending bailouts, to protect consumers from abusive financial services practices, and for other purposes
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statute-compilations
bill
- Sec. 315Exemption of qualified charitable organizations from designation and regulation as commodity pool operators
- Sec. 315Exemption of qualified charitable organizations from designation and regulation as commodity pool operators
- Sec. 315Exemption of qualified charitable organizations from designation and regulation as commodity pool operators
- Sec. 307Exemption of qualified charitable organizations from designation and regulation as commodity pool operators
- Sec. 313Exemption of qualified charitable organizations from designation and regulation as commodity pool operators
- Sec. 313Exemption of qualified charitable organizations from designation and regulation as commodity pool operators
- Sec. 313Exemption of qualified charitable organizations from designation and regulation as commodity pool operators
- Sec. 1Exemption of qualified charitable organizations from regulation as commodity pool operators
- Sec. 108Exemption of qualified charitable organizations from regulation as commodity pool operators
- Sec. 108Exemption of qualified charitable organizations from regulation as commodity pool operators
- Sec. 1Exemption of qualified charitable organizations from regulation as commodity pool operators
- Sec. 108Exemption of qualified charitable organizations from regulation as commodity pool operators
- Sec. 205CTA and CPOs: Commodity Interests
- Sec. 5Additional amendments
25 references not yet in our index
- Sept. 21, 1922, ch. 369, § 4m
- Pub. L. 93–463, title II, § 205(a)
- 88 Stat. 1398
- Pub. L. 95–405, § 8
- 92 Stat. 870
- Pub. L. 97–444, title I, § 103
- 96 Stat. 2296
- Pub. L. 106–554, § 1(a)(5) [title II, § 251(d)]
- 114 Stat. 2763
- Pub. L. 111–203, title VII
- 124 Stat. 1671
- act May 27, 1933, ch. 38
- 48 Stat. 74
- act June 6, 1934, ch. 404
- 48 Stat. 881
- Pub. L. 111–203, § 749(b)
- Pub. L. 111–203, § 721(e)(2)
- Pub. L. 106–554
- Pub. L. 97–444
- Pub. L. 95–405
- Pub. L. 111–203
- section 754 of Pub. L. 111–203
- section 239 of Pub. L. 97–444
- section 28 of Pub. L. 95–405
- section 418 of Pub. L. 93–463
Citation graph
cites case law
§ 6m
Use of mails or other means or instrumentalities of interstate commerce by commodity trading advisors and commodity pool operators; relation to other law
Fed. Reg.×56
Bills×31
Stat.×6
Stat. Comp.×1
ActSept. 21, 1922, ch. 369, § 4m
Pub. L.Pub. L. 93–463, title II, § 205(a)
Stat.88 Stat. 1398
Pub. L.Pub. L. 95–405, § 8
Stat.92 Stat. 870
Cites 30 · showing 10Cited by 94 across 4 sources