UNITED STATES OF AMERICA
COMMODITY FUTURES TRADING COMMISSION
In the Matter of the Request for Transfer
Existing Board of Trade of the City of Chicago
Contract Market Designations To Delaware CBOT, Inc.
ORDER OF TRANSFER OF DESIGNATIONS
The Board of Trade of the City of Chicago, (“CBOT”) and Delaware CBOT, Inc. having submitted, pursuant to Section 6 of the Commodity Exchange Act (“Act”), 7 U.S.C. § 8, a request for the transfer of all CBOT’s existing contract market designations, as listed in Appendix A, to a Delaware non-stock corporation, Delaware CBOT, Inc., into which it will merge, and the Commodity Futures Trading Commission (“Commission”) having reviewed the request, the complete record in this matter, the accompanying representations of CBOT and Delaware CBOT, Inc. and for the reasons set forth in the Memorandum submitted to the Commission by the Division of Trading and Markets recommending transfer of these contract market designations to Delaware CBOT, Inc., the Commission finds that for purposes of this request, Delaware CBOT, Inc. has demonstrated its ability, upon completion of the merger, to comply with the requirements of the Act and Commission regulations thereunder applicable to it. Therefore,
WHEREAS, CBOT and Delaware CBOT, Inc. represent that Delaware CBOT, Inc. will, upon the merger, be the legal successor-in-interest to CBOT, will meet all the requirements for contract market designation, will assume all the assets and liabilities of CBOT and will continue to comply with all self-regulatory requirements applicable to designated contract markets under the Act and the Commission’s regulations including, but not limited to, the surveillance and enforcement requirements, the governing board and disciplinary committee composition requirements, and the prohibitions against conflicts of interest and insider trading;
AND WHEREAS, CBOT and Delaware CBOT, Inc. have notified the Commission that CBOT will transfer all contracts listed for trading by exchange certification to Delaware CBOT, Inc., and have represented that Delaware CBOT, Inc. will assume responsibility for maintaining the certification conditions, and the Commission has approved the transfer of all such contracts to Delaware CBOT, Inc., and all open interest thereto, upon the fulfillment of the conditions below;
IT IS HEREBY ORDERED, under Section 5 of the Act, 7 U.S.C. § 7, that the request of CBOT for transfer of all its existing contract market designations, as listed in Appendix A, to Delaware CBOT, Inc. is granted and, therefore, Delaware CBOT, Inc. is designated as a contract market for all such contracts;
IT IS FURTHER ORDERED that this transfer of CBOT’s existing contract market designations and grant of contract market designation to Delaware CBOT, Inc. shall be subject to compliance with all sections of the Act and Commission regulations thereunder applicable to Delaware CBOT, Inc. as a contract market and that this transfer of contract market designations and the commencement and/or continuance of exchange operations shall be specifically subject to the following conditions:
(a) The existence of Delaware CBOT, Inc. as a corporation duly authorized and validly organized under the General Corporation Law of Delaware;
(b) The consummation of the merger of CBOT into Delaware CBOT, Inc. simultaneous with the foregoing transfers;
(c) The adoption of the CBOT Rulebook, as amended, by Delaware CBOT, Inc.; and
(d) The compliance of Delaware CBOT, Inc. with all applicable provisions of the Act and the Commission’s regulations thereunder.
Issued in Washington, D.C., this 7th day of August, 2000.
By the Commission
Edward W. Colbert
Deputy Secretary of the Commission
List of Existing Contract Market Designations of the Board of Trade of the City of Chicago