From Title 7-AGRICULTURE
\nCHAPTER 1-COMMODITY EXCHANGES<\/p>\n
(1) It shall be unlawful for a commodity trading advisor, associated person of a commodity trading advisor, commodity pool operator, or associated person of a commodity pool operator, by use of the mails or any means or instrumentality of interstate commerce, directly or indirectly-<\/p>\n
(A) to employ any device, scheme, or artifice to defraud any client or participant or prospective client or participant; or<\/p>\n
(B) to engage in any transaction, practice, or course of business which operates as a fraud or deceit upon any client or participant or prospective client or participant.<\/p>\n
(2) It shall be unlawful for any commodity trading advisor, associated person of a commodity trading advisor, commodity pool operator, or associated person of a commodity pool operator registered under this chapter to represent or imply in any manner whatsoever that such person has been sponsored, recommended, or approved, or that such person’s abilities or qualifications have in any respect been passed upon, by the United States or any agency or officer thereof. This section shall not be construed to prohibit a statement that a person is registered under this chapter as a commodity trading advisor, associated person of a commodity trading advisor, commodity pool operator, or associated person of a commodity pool operator, if such statement is true in fact and if the effect of such registration is not misrepresented.<\/p>\n
(Sept. 21, 1922, ch. 369, \u00a74o, as added Pub. L. 93\u2013463, title II, \u00a7205(a), Oct. 23, 1974, 88 Stat. 1399 ; amended Pub. L. 95\u2013405, \u00a710, Sept. 30, 1978, 92 Stat. 870 ; Pub. L. 97\u2013444, title II, \u00a7214, Jan. 11, 1983, 96 Stat. 2305 .)<\/p>\n
1983<\/strong>-Par. (1). Pub. L. 97\u2013444 made the antifraud prohibition applicable to an associated person of a commodity trading advisor or a commodity pool operator.<\/p>\n Par. (2). Pub. L. 97\u2013444 made the misrepresentation prohibition applicable to an associated person of a commodity training advisor or a commodity pool operator, authorized registration statements of such persons, and substituted “such person” and “such person’s abilities” for “he” before “has been sponsored” and “his abilities”, respectively.<\/p>\n 1978<\/strong>-Par. (1). Pub. L. 95\u2013405 struck out “registered under this chapter” after “pool operator”.<\/p>\n Amendment by Pub. L. 97\u2013444 effective Jan. 11, 1983, see section 239 of Pub. L. 97\u2013444, set out as a note under section 2 of this title.<\/p>\n Amendment by Pub. L. 95\u2013405 effective Oct. 1, 1978, see section 28 of Pub. L. 95\u2013405, set out as a note under section 2 of this title.<\/p>\n For effective date of section, see section 418 of Pub. L. 93\u2013463, set out as an Effective Date of 1974 Amendment note under section 2 of this title.<\/p>\n <\/p>\n Section, Sept. 21, 1922, ch. 369, \u00a74q, formerly \u00a74p, as added Pub. L. 106\u2013554, \u00a71(a)(5) [title I, \u00a7121], Dec. 21, 2000, 114 Stat. 2763 , 2763A-404, and renumbered, which related to special procedures to encourage and facilitate bona fide hedging by agricultural producers, was transferred to section 6q of this title.<\/p>\nEffective Date of 1983 Amendment<\/h4>\n
Effective Date of 1978 Amendment<\/h4>\n
Effective Date<\/h4>\n
\u00a76o<\/em>\u20131. Transferred<\/h3>\n
Codification<\/h4>\n