The Jumpstart Our Business Startups Act (JOBS Act) directed the SEC to eliminate the prohibition against general solicitation or general advertising in any offering of securities pursuant to Rule 506 under the Securities Act. Recently, the CFTC lifted its prohibition on solicitation for registered Commodity Pool Operators (CPOs). However, the CFTC Regulation 4.13(a)(3) exemption meant to support “startups” prohibits solicitation during the Incubation Period. Because this prohibition does not exist for registered CPOs and is contrary to the JOBS act, we have ask the CFTC for comment to rid its prohibition for solicitation for those operating under regulation 4.13(a)(3).

During the Incubation Period, the Fund will Advertise and Solicit investors under the SEC’s private offering regulations, specially rule 506(c) of Regulation D. This rule allows general solicitation as long as all purchasers of the Fund are accredited investors and the Fund takes reasonable steps to verify that purchasers are accredited investors.