FrontPoint Partners LLC and FrontPoint Currency Fund GP, LLC – s. 78(1) of the CFA
Headnote
Variation of order dated April 28, 2009, In The Matter of FrontPoint Partners LLC, to specifically name FrontPoint Currency Fund GP, LLC as an Applicant.
Statutes Cited
Commodity Futures Act, R.S.O. 1990, c. C.20, as am., ss. 3.1(1), 22(1)(b), 78(1), 80.
IN THE MATTER OF
THE COMMODITY FUTURES ACT,
R.S.O. 1990, CHAPTER C. 20, AS AMENDED
(the CFA)
AND
IN THE MATTER OF
FRONTPOINT PARTNERS LLC AND
FRONTPOINT CURRENCY FUND GP, LLC
AND
IN THE MATTER OF
THE ASSIGNMENT OF
CERTAIN POWERS AND DUTIES OF THE
ONTARIO SECURITIES COMMISSION
VARIATION NOTICE
(Subsection 78(1) of the CFA)
WHEREAS by an order (the Prior Order) dated April 28, 2009, In The Matter of FrontPoint Partners LLC, the Commission ordered, pursuant to section 80 of the CFA, that FrontPoint Partners LLC (the Named Applicant) on behalf of certain affiliates of the Named Applicant (each, an Affiliate, and together with the Named Applicant, the Applicants) that provide an Identifying Notice to the Director as referred to in the Prior Order, that the Applicants are exempted from the registration requirements in paragraph 22(1)(b) of the CFA in respect of acting as an adviser in connection with any one or more Funds (as defined in the Prior Order), subject to certain terms and conditions;
AND WHEREAS in the Prior Order, pursuant to subsection 3.1(1) of the CFA, the Commission also assigned to each Director, acting individually, the powers and duties vested in the Commission under subsection 78(1) of the CFA, to vary the Prior Order by specifically naming any Affiliate of the Named Applicant as an Applicant to the Prior Order (the Assignment), following the filing of an Identifying Notice containing the information specified in the Prior Order;
AND WHEREAS on June 4, 2009, FrontPoint Currency Fund GP, LLC (the Identified Affiliate) provided the Commission with an Identifying Notice, as described in the Prior Order, that the Identified Affiliate, whose name does not specifically appear in the Prior Order, wishes to rely on the exemption granted under the Prior Order and has applied to have the Prior Order varied to specifically name the Identified Affiliate as an Applicant to the Order;
AND UPON being satisfied that to do so would not be prejudicial to the public interest, on July 9, 2009 the Director provided the Identified Affiliate with a Director's Consent in the form of Part B to Schedule A of the Prior Order.
NOW THEREFORE, this will confirm that, pursuant to the Assignment, effective July 9, 2008, the Director varied the Prior Order to specifically name the Identified Affiliate as an Applicant for the purposes of the Order and that the Order is varied accordingly.