UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 10-Q
(Mark One)
x | QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
For the quarter ended: September 30, 2007
or
¨ | TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
For the transition period from to
Commission File Number: 0-23885
FUTURES STRATEGIC TRUST
(Exact name of registrant as specified in its charter)
| | |
Delaware | | 13-7075398 |
(State or other jurisdiction of incorporation or organization) | | (I.R.S. Employer Identification No.) |
| |
900 King Street, Suite 100, Rye Brook, New York | | 10573 |
(Address of principal executive offices) | | (Zip Code) |
(914) 307-7000
(Registrant’s telephone number, including area code)
N/A
(Former name, former address and former fiscal year, if changed since last report)
Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes x No ¨
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, or a non-accelerated filer. See definition of “accelerated filer and large accelerated filer” in Rule 12b-2 of the Exchange Act. (Check one):
Large accelerated filer ¨ Accelerated filer ¨ Non-accelerated filer x
Indicate by check mark whether the Registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). Yes ¨ No x
FUTURES STRATEGIC TRUST
INDEX TO QUARTERLY REPORT ON FORM 10-Q
SEPTEMBER 30, 2007
| | | | |
| | | | Page |
PART I – FINANCIAL INFORMATION | | |
| | |
Item 1. | | Financial Statements | | 1 |
| | |
| | Futures Strategic Trust: | | |
| | |
| | Statements of Financial Condition as of September 30, 2007 (Unaudited) and December 31, 2006 | | 2 |
| | |
| | Statements of Operations (Unaudited) for the three months ended September 30, 2007 and three months ended September 30, 2006 and nine months ended September 30, 2007 and nine months ended September 30, 2006 | | 3 |
| | |
| | Statements of Changes in Trust Capital (Unaudited) for the nine months ended September 30, 2007 and nine months ended September 30, 2006 | | 4 |
| | |
| | Notes to Financial Statements (Unaudited) | | 5 |
| | |
| | WCM Pool LLC: | | |
| | |
| | Statement of Financial Condition as of September 30, 2007 (Unaudited) | | 15 |
| | |
| | Condensed Schedule of Investments as of September 30, 2007 (Unaudited) | | 16 |
| | |
| | Statements of Operations (Unaudited) for the three months ended September 30, 2007 and nine months ended September 30, 2007 | | 17 |
| | |
| | Statement of Changes in Members’ Capital for the nine months ended September 30, 2007 (Unaudited) | | 18 |
| | |
| | Notes to Financial Statements | | 19 |
| | |
| | WMT III Series H/J Trading Vehicle LLC: | | |
| | |
| | Statements of Financial Condition as of April 30, 2007 (Date of Liquidation) and December 31, 2006 | | 29 |
| | |
| | Condensed Schedules of Investments as of April 30, 2007 (Date of Liquidation) and December 31, 2006 | | 30 |
| | |
| | Statements of Operations for the Periods January 1, 2007 to April 30, 2007 (Date of Liquidation) and January 1, 2006 to December 31, 2006 | | 31 |
| | |
| | Statements of Changes in Members’ Capital for the Periods January 1, 2007 to April 30, 2007 (Date of Liquidation) and January 1, 2006 to December 31, 2006 | | 32 |
| | |
| | Notes to Financial Statements | | 33 |
FUTURES STRATEGIC TRUST
INDEX TO QUARTERLY REPORT ON FORM 10-Q
(CONTINUED)
SEPTEMBER 30, 2007
PART I – FINANCIAL INFORMATION
Item 1. | Financial Statements |
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK;
FINANCIAL STATEMENTS TO FOLLOW]
FUTURES STRATEGIC TRUST
FINANCIAL STATEMENTS
September 30, 2007
FUTURES STRATEGIC TRUST
STATEMENTS OF FINANCIAL CONDITION
September 30, 2007 (Unaudited) and December 31, 2006
| | | | | | |
| | September 30, 2007 | | December 31, 2006 |
ASSETS | | | | | | |
Cash in commodity trading accounts | | $ | 916 | | $ | 10,539 |
Redemption receivable | | | 179,629 | | | 0 |
Investment in WCM Pool LLC, at net asset value (100.39% and 0.00% of net asset value, respectively) | | | 4,291,339 | | | 0 |
Investment in WMT III Series H/J Trading Vehicle LLC, at net asset value (0.00% and 101.30% of net asset value, respectively) | | | 0 | | | 5,286,137 |
| | | | | | |
Total assets | | $ | 4,471,884 | | $ | 5,296,676 |
| | | | | | |
| | |
LIABILITIES | | | | | | |
Redemptions payable | | $ | 185,382 | | $ | 63,959 |
Accounts payable | | | 11,963 | | | 14,437 |
| | | | | | |
Total liabilities | | | 197,345 | | | 78,396 |
| | | | | | |
| | |
TRUST CAPITAL | | | | | | |
Limited interests (38,808.865 and 51,529.821 interests outstanding) at September 30, 2007 and December 31, 2006, respectively | | | 4,229,313 | | | 5,165,353 |
General interests (415.000 and 528.000 interests outstanding) at September 30, 2007 and December 31, 2006, respectively | | | 45,226 | | | 52,927 |
| | | | | | |
Total trust capital | | | 4,274,539 | | | 5,218,280 |
| | | | | | |
Total liabilities and trust capital | | $ | 4,471,884 | | $ | 5,296,676 |
| | | | | | |
| | | | |
Net Asset Value per Limited and General Interest |
September 30, 2007 | | December 31, 2006 |
$ | 108.98 | | $ | 100.24 |
| | | | |
See accompanying notes.
-2-
FUTURES STRATEGIC TRUST
STATEMENTS OF OPERATIONS
For the Three Months and Nine Months Ended September 30, 2007 and 2006
(Unaudited)
| | | | | | | | | | | | | | | | |
| | Three Months Ended September 30, | | | Nine Months Ended September 30, | |
| | 2007 | | | 2006 | | | 2007 | | | 2006 | |
NET INCOME (LOSS) FROM TRUST OPERATIONS | | | | | | | | | | | | | | | | |
REVENUES | | | | | | | | | | | | | | | | |
Realized gain (loss) on open commodity transactions | | $ | 0 | | | $ | (389,134 | ) | | $ | (4 | ) | | $ | 462,958 | |
Change in net unrealized gain (loss) on open commodity transactions | | | 0 | | | | 52,415 | | | | 0 | | | | (123,254 | ) |
Interest income | | | 100 | | | | 73,939 | | | | 1,451 | | | | 207,263 | |
| | | | | | | | | | | | | | | | |
Total revenues | | | 100 | | | | (262,780 | ) | | | 1,447 | | | | 546,967 | |
| | | | | | | | | | | | | | | | |
EXPENSES | | | | | | | | | | | | | | | | |
Brokerage commissions | | | 80,046 | | | | 108,713 | | | | 257,158 | | | | 337,088 | |
Management fees | | | 0 | | | | 19,994 | | | | 0 | | | | 63,866 | |
Incentive fees | | | 0 | | | | 0 | | | | 0 | | | | 22,720 | |
| | | | | | | | | | | | | | | | |
Total expenses | | | 80,046 | | | | 128,707 | | | | 257,158 | | | | 423,674 | |
| | | | | | | | | | | | | | | | |
NET INCOME (LOSS) FROM TRUST OPERATIONS | | | (79,946 | ) | | | (391,487 | ) | | | (255,711 | ) | | | 123,293 | |
| | | | | | | | | | | | | | | | |
NET LOSS ALLOCATED FROM WMT III SERIES H/J TRADING VEHICLE LLC: | | | | | | | | | | | | | | | | |
REVENUES | | | | | | | | | | | | | | | | |
Realized | | | 0 | | | | 0 | | | | 19,828 | | | | 0 | |
Change in unrealized | | | 0 | | | | 0 | | | | (92,871 | ) | | | 0 | |
Interest income | | | 0 | | | | 0 | | | | 58,102 | | | | 0 | |
| | | | | | | | | | | | | | | | |
Total revenues | | | 0 | | | | 0 | | | | (14,941 | ) | | | 0 | |
| | | | | | | | | | | | | | | | |
EXPENSES | | | | | | | | | | | | | | | | |
Brokerage commissions | | | 0 | | | | 0 | | | | 4,924 | | | | 0 | |
Management fee | | | 0 | | | | 0 | | | | 38,064 | | | | 0 | |
General and administrative | | | 0 | | | | 0 | | | | 2,136 | | | | 0 | |
| | | | | | | | | | | | | | | | |
Total expenses | | | 0 | | | | 0 | | | | 45,124 | | | | 0 | |
| | | | | | | | | | | | | | | | |
NET LOSS ALLOCATED FROM WMT III SERIES H/J TRADING VEHICLE LLC | | | 0 | | | | 0 | | | | (60,065 | ) | | | 0 | |
| | | | | | | | | | | | | | | | |
NET INCOME ALLOCATED FROM WCM POOL LLC: | | | | | | | | | | | | | | | | |
REVENUES | | | | | | | | | | | | | | | | |
Realized | | | (12,244 | ) | | | 0 | | | | 578,606 | | | | 0 | |
Change in unrealized | | | 186,205 | | | | 0 | | | | 228,555 | | | | 0 | |
Interest income | | | 47,065 | | | | 0 | | | | 98,846 | | | | 0 | |
| | | | | | | | | | | | | | | | |
Total revenues | | | 221,026 | | | | 0 | | | | 906,007 | | | | 0 | |
| | | | | | | | | | | | | | | | |
EXPENSES | | | | | | | | | | | | | | | | |
Brokerage commissions | | | 3,017 | | | | 0 | | | | 7,612 | | | | 0 | |
Management fee | | | 22,590 | | | | 0 | | | | 47,458 | | | | 0 | |
Incentive fee | | | 31,343 | | | | 0 | | | | 151,669 | | | | 0 | |
General and administrative | | | 1,260 | | | | 0 | | | | 3,365 | | | | 0 | |
| | | | | | | | | | | | | | | | |
Total expenses | | | 58,210 | | | | 0 | | | | 210,104 | | | | 0 | |
| | | | | | | | | | | | | | | | |
NET INCOME ALLOCATED FROM WCM POOL LLC | | | 162,816 | | | | 0 | | | | 695,903 | | | | 0 | |
| | | | | | | | | | | | | | | | |
NET INCOME (LOSS) | | $ | 82,870 | | | $ | (391,487 | ) | | $ | 380,127 | | | $ | 123,293 | |
| | | | | | | | | | | | | | | | |
NET INCOME (LOSS) PER WEIGHTED AVERAGE LIMITED AND GENERAL INTEREST | | | | | | | | | | | | | | | | |
Net income (loss) per weighted average limited and general interest | | $ | 1.99 | | | $ | (7.13 | ) | | $ | 8.21 | | | $ | 2.17 | |
| | | | | | | | | | | | | | | | |
Weighted average number of limited and general interests outstanding | | | 41,559 | | | | 54,881 | | | | 46,293 | | | | 56,866 | |
| | | | | | | | | | | | | | | | |
See accompanying notes.
-3-
FUTURES STRATEGIC TRUST
STATEMENTS OF CHANGES IN TRUST CAPITAL
For the Nine Months Ended September 30, 2007 and 2006
(Unaudited)
| | | | | | | | | | | | | | | |
| | Interests | | | Limited Interests | | | General Interests | | | Total | |
Nine months ended September 30, 2007 | | | | | | | | | | | | | | | |
Trust capital at December 31, 2006 | | 52,057.821 | | | $ | 5,165,353 | | | $ | 52,927 | | | $ | 5,218,280 | |
Net income for the nine months ended September 30, 2007 | | 0.000 | | | | 375,917 | | | | 4,210 | | | | 380,127 | |
Redemptions | | (12,833.956 | ) | | | (1,311,957 | ) | | | (11,911 | ) | | | (1,323,868 | ) |
| | | | | | | | | | | | | | | |
Trust capital at September 30, 2007 | | 39,223.865 | | | $ | 4,229,313 | | | $ | 45,226 | | | $ | 4,274,539 | |
| | | | | | | | | | | | | | | |
| | | | |
Nine months ended September 30, 2006 | | | | | | | | | | | | | | | |
Trust capital at December 31, 2005 | | 59,593.744 | | | $ | 5,861,321 | | | $ | 60,014 | | | $ | 5,921,335 | |
Net income for the nine months ended September 30, 2006 | | 0.000 | | | | 122,069 | | | | 1,224 | | | | 123,293 | |
Redemptions | | (5,454.500 | ) | | | (572,669 | ) | | | (6,114 | ) | | | (578,783 | ) |
| | | | | | | | | | | | | | | |
Trust capital at September 30, 2006 | | 54,139.244 | | | $ | 5,410,721 | | | $ | 55,124 | | | $ | 5,465,845 | |
| | | | | | | | | | | | | | | |
See accompanying notes.
-4-
FUTURES STRATEGIC TRUST
NOTES TO FINANCIAL STATEMENTS
(Unaudited)
| A. | General Description of the Trust |
Futures Strategic Trust (the “Trust”) was organized under the Delaware Statutory Trust Act on October 16, 1995 and commenced trading operations on May 1, 1996. The Trust will continue until December 31, 2015 unless terminated sooner as provided in the Third Amended and Restated Declaration of Trust and Trust Agreement (the “Trust Agreement”). The Trust was formed to engage in the speculative trading of commodity futures, forward and options contracts. The Trustee of the Trust is Wilmington Trust Company.
On May 1, 1996, the Trust completed its initial offering with gross proceeds of $12,686,200 from the sale of 125,352 Limited Interests and 1,510 General Interests. General Interests were sold exclusively to the managing owner. Additional interests were offered and sold monthly at the then current net asset value per Interest until the continuous offering period expired on January 31, 1998. Additional contributions raised during the continuous offering period resulted in additional proceeds to the Trust of $51,242,700.
Preferred Investment Solutions Corp. (“Preferred” or the “Managing Owner”) is required to maintain at least a 1% interest in the Trust so long as it is acting as the Managing Owner.
Effective November 1, 2006, the Trust allocated its net assets to WMT III Series H/J Trading Vehicle LLC, (the “Trading Vehicle”) and received a Voting Membership Interest in the Trading Vehicle. The Trading Vehicle was formed to function as an aggregate trading vehicle. The sole members of the Trading Vehicle were WMT III Series H, WMT III Series J and the Trust. Prior to its liquidation on April 30, 2007, the Trading Vehicle engaged in the speculative trading of futures contracts, options on futures contracts and forward currency contracts. Effective March 31, 2007, the Trust terminated the Trading Advisor agreement with Bridgewater Associates Inc. (“Bridgewater”), the trading advisor of the Trading Vehicle, and entered into a Trading Advisory agreement with Winton Capital Management (“Winton”). Subject to its agreement with Winton, the Trust transferred its assets from the Trading Vehicle to WCM Pool LLC (the “Company”), effective April 1, 2007, and received a Voting Membership Interest in the Company. The Company was formed to function as an aggregate trading vehicle. At September 30, 2007, the sole members of the Company are the Trust, Diversified Futures Fund L.P. (“DFF”), Diversified Futures Trust I (“DFT I”) and Kenmar Global Trust (“KGT”). Preferred is the Managing Owner of DFF, DFT I and KGT and has been delegated administrative authority over the operations of the Company. The Company engages in the speculative trading of futures contracts. The financial statements of the Company and the Trading Vehicle, including the condensed schedule of investments, are included in Sections II and III of these financial statements and should be read in conjunction with the Trust’s financial statements.
-5-
FUTURES STRATEGIC TRUST
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
(Unaudited)
Note 1. | ORGANIZATION (CONTINUED) |
As a registrant with the Securities and Exchange Commission, the Trust is subject to the regulatory requirements under the Securities Act of 1933 and the Securities Exchange Act of 1934. As a commodity pool, the Trust is subject to the regulations of the Commodity Futures Trading Commission, an agency of the United States (U.S.) government which regulates most aspects of the commodity futures industry; rules of the National Futures Association, an industry self-regulatory organization; and the requirements of the various commodity exchanges where the Trust executes transactions. Additionally, the Trust is subject to the requirements of the futures commission merchants (brokers) and interbank market makers through which the Trading Vehicle and the Company (collectively, the “Companies”) had traded and presently trade, respectively.
Note 2. | SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES |
The statement of financial condition as of September 30, 2007, and the statements of operations for the three months and nine months ended September 30, 2007 and 2006 and the statements of changes in trust capital for the nine months ended September 30, 2007 and 2006, are unaudited. In the opinion of the Managing Owner, the financial statements contain all adjustments (consisting of only normal recurring adjustments) necessary to state fairly the financial position of the Trust as of September 30, 2007, and the results of its operations for the three months and nine months ended September 30, 2007 and 2006. The operating results for the interim periods may not be indicative of the results expected for the full year.
Certain information and footnote disclosures normally included in annual financial statements prepared in accordance with accounting principles generally accepted in the United States of America have been omitted. It is suggested that these financial statements be read in conjunction with the financial statements and notes thereto included in the Trust’s annual report on Form 10-K filed with the Securities and Exchange Commission for the year ended December 31, 2006.
The financial statements of the Trust are prepared in accordance with accounting principles generally accepted in the United States of America. Such principles require the Managing Owner to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates.
For the nine months ended September 30, 2006, the Trust engaged in the speculative trading of commodity futures, forwards and options contracts. Commodity futures and forward transactions are reflected in the accompanying statements of financial condition on trade date. Net unrealized gain or loss on open contracts (the difference between contract trade price and market price) were reflected in the statement of financial condition in accordance with Financial Accounting Standards Board Interpretation No. 39 – “Offsetting of Amounts Related to Certain Contracts.” The market value of futures (exchange-traded) contracts is based upon the closing quotation on the various futures exchanges on which the contract is traded. The fair value of swap and forward (non-exchange traded) contracts is extrapolated on a forward basis from the spot prices. Any change in net unrealized gain or loss during the current period is reported in the statement of operations.
-6-
FUTURES STRATEGIC TRUST
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
(Unaudited)
Note 2. | SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) |
| A. | Basis of Accounting (Continued) |
Realized gains and losses on commodity transactions are recognized in the period in which the contracts are closed. Additionally, for the nine months ended September 30, 2007, the Trust indirectly earned income or loss through investments in the Companies (see Note 2(c)).
The weighted average number of Limited and General Interests outstanding was computed for purposes of disclosing net income (loss) per weighted average Limited and General Interest. The weighted average Limited and General Interests are equal to the number of Interests outstanding at period end, adjusted proportionately for Interests redeemed based on their respective time outstanding during such year.
The Trust has elected not to provide a Statement of Cash Flows as permitted by Statement of Financial Accounting Standards (“SFAS”) No. 102, “Statement of Cash Flows – Exemption of Certain Enterprises and Classification of Cash Flows from Certain Securities Acquired for Resale.”
Consistent with standard business practices in the normal course of business, the Trust has provided general indemnifications to the Managing Owner, its Trading Advisor and others when they act, in good faith, in the best interests of the Trust. The Trust is unable to develop an estimate of the maximum potential amount of future payments that could potentially result from any hypothetical future claim, but expects the risk of having to make any payments under these general business indemnifications to be remote.
In July 2006, the Financial Accounting Standards Board (“FASB”) issued FASB Interpretation No. 48, “Accounting for Uncertainty in Income Taxes – an interpretation of FASB Statement No. 109” (“FIN 48”), which clarifies the accounting for uncertainty in tax positions. FIN 48 requires that the Trust recognize in its financial statements the impact of a tax position, if that position is more likely than not of being sustained on audit, based on the technical merits of the position. The provisions of FIN 48 were effective for fiscal years beginning after December 15, 2006, with the cumulative effect of the change in accounting principle recorded as an adjustment to opening retained earnings. Preferred as Managing Owner of the Trust evaluated the impact of adopting FIN 48 on the Trust’s financial statements. In Preferred’s opinion, the adoption of FIN 48 had no material impact on the Trust, as the Trust’s tax position is based on established tax precedence for the tax treatment of investment partnerships as flow through tax entities.
In September 2006, the FASB issued SFAS No. 157, “Fair Value Measurements”, which defines fair value, establishes a framework for measuring fair value, and expands disclosures about fair value measurements. The provisions of SFAS No. 157 are effective for fiscal years beginning after November 15, 2007. The Managing Owner is currently evaluating the impact of adopting SFAS No. 157 on the Trust’s financial statements. At this time, the impact to the Trust’s financial statements has not been determined.
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FUTURES STRATEGIC TRUST
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
(Unaudited)
Note 2. | SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) |
| A. | Basis of Accounting (Continued) |
In February 2007, the FASB issued SFAS No. 159, “The Fair Value Option for Financial Assets and Financial Liabilities”, including an amendment of SFAS 115, or SFAS 159. This statement provides companies with an option to report selected financial assets and liabilities at fair value. This statement is effective for fiscal years beginning after November 15, 2007 with early adoption permitted. The Managing Owner is currently evaluating the impact of adopting SFAS No. 159 on the Trust’s financial statements. At this time, the impact to the Trust’s financial statements has not been determined.
Cash represents amounts deposited with clearing brokers. The Trust receives interest at prevailing rates on all cash balances held by the clearing brokers.
The Trust is treated as a partnership for Federal income tax purposes. As such, the Trust is not required to provide for, or pay, any Federal or state income taxes. Income tax attributes that arise from its operations are passed directly to the individual interest holders. The Trust may be subject to other state and local taxes in jurisdictions in which it operates.
| C. | Investments in the Companies |
The investments in the Company and the Trading Vehicle are reported in the Trust’s statements of financial condition at the net asset value as reported by such entities. The Trust records its proportionate share of such entities’ income or loss in the statements of operations. Valuation of futures and forward contracts is discussed in the notes to the Company and the Trading Vehicle’s financial statements included in Sections II and III of this report. Through its investments in the Company and the Trading Vehicle, the Trust pays or paid its pro-rata share of the 2% and 3%, respectively, annual management fee (accrued and paid monthly) and a 20% incentive fee on New High Net Trading Profits (accrued monthly and paid quarterly) as defined in the advisory agreements.
| D. | Profit and Loss Allocation, Distributions, and Redemptions |
The Trust allocates profits and losses for both financial and tax-reporting purposes to its Interest holders monthly on a pro rata basis based on each owner’s Interests outstanding during the month. Distributions (other than redemptions of Interests) may be made at the sole discretion of the Managing Owner on a pro rata basis in accordance with the respective capital balances of the Interest holders. The Managing Owner has not made and does not presently intend to make any distributions in the future.
Redemptions are permitted as of the last day of each month, on at least 10 days prior written notice. Redemptions are at the then current net asset value per interest. Partial redemptions are permitted.
-8-
FUTURES STRATEGIC TRUST
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
(Unaudited)
Note 2. | SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) |
| E. | Foreign Currency Transaction |
The Trust’s functional currency is the U.S. dollar; however, it transacts business in currencies other than the U.S. dollar. Assets and liabilities denominated in currencies other than the U.S. dollar are translated into U.S. dollars at the rates in effect at the date of the statements of financial condition. Income and expense items denominated in currencies other than U.S. dollars are translated into U.S. dollars at the rates in effect during the period. Gains and losses resulting from the translation to U.S. dollars are reported in operations currently.
| A. | General and Administrative Costs |
Preferred pays all administrative costs for services it performs for the Trust. These costs include, but are not limited to, those discussed in Note 4 below.
| B. | Management and Incentive Fees |
Prior to investing the Trust’s assets in the Companies effective November 1, 2006, the Trust paid each trading manager a monthly management fee on the portion of the Trust’s net assets allocated to each trading manager as of the last day of each month through October 31, 2006. In addition, the Trust paid each trading manager a quarterly incentive fee based on “New High Net Trading Profits” (as defined in the advisory agreements among the Trust, the Managing Owner and each trading manager) through October 31, 2006. Effective November 1, 2006 the Trust pays its pro-rata share of management and incentive fees as disclosed in Note 2(c) through its investments in the Companies.
Prior to investing the Trust’s assets in the Companies effective November 1, 2006, the Managing Owner, on behalf of the Trust, entered into a brokerage agreement with Prudential Financial Derivatives LLC (“PFD”) to act as commodity broker for the Trust. Under the terms of the agreement, the Trust pays the Managing Owner commissions at a flat rate of 5/8 of 1% per month (7.5% per annum) of the Trust’s net asset value as of the first day of each month. Under the agreement, PFD’s execution costs (including floor brokerage expenses, clearing and exchange fees) will be paid out of the total fees paid by the Trust to the Managing Owner. Effective November 1, 2006, the Trust deducts the cost of its pro-rata share of commissions allocated from the Companies in calculation of the Managing Owner’s 7.5% per annum commission.
-9-
FUTURES STRATEGIC TRUST
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
(Unaudited)
The Managing Owner, or parties engaged by the Managing Owner, perform services for the Trust which included, but are not limited to: brokerage services; accounting and financial management; registrar, transfer and assignment functions; investor communications; printing and other administrative services.
Costs and expenses charged to the Trust for the three months and nine months ended September 30, 2007 and 2006 were:
| | | | | | | | | | | | |
| | Three Months Ended September 30, | | Nine Months Ended September 30, |
| | 2007 | | 2006 | | 2007 | | 2006 |
Commissions | | $ | 80,046 | | $ | 108,713 | | $ | 257,158 | | $ | 337,088 |
| | | | | | | | | | | | |
Expenses payable to the Managing Owner and its affiliates (which are included in accounts payable) as of September 30, 2007 and December 31, 2006 were $11,963 and $14,437, respectively.
Note 5. | INVESTMENTS IN THE COMPANIES |
From November 1, 2006 to March 31, 2007, the Trust invested its assets in the Trading Vehicle. The Trust’s investment in the Trading Vehicle represented approximately 18.22% of the net asset value of the Trading Vehicle at December 31, 2006. The investment in the Trading Vehicle was subject to the Organization Agreement of the Trading Vehicle. The Trading Vehicle entered into an advisory agreement with Bridgewater to make the trading decisions for the Trading Vehicle. Bridgewater managed approximately 100% of the assets of the Trading Vehicle pursuant to the Aggressive Pure Alpha Futures Only program – A, No Benchmark program. On April 30, 2007, the Managing Owner terminated the Trading Advisor agreement with Bridgewater.
Effective April 1, 2007, the Trust withdrew its assets from the Trading Vehicle and invested them in the Company. The Trust’s investment in the Company represents approximately 20.89% of the net asset value of the Company at September 30, 2007. The investment in the Company is subject to the Organization Agreement of the Company. The Company entered into an advisory agreement with Winton whereby Winton makes the trading decisions for the Company and, in turn, the Trust, pursuant to Winton’s Diversified Program.
The Trust records its proportionate share of each item of income and expense from the investments in the Companies in the statements of operations.
Summarized information for the Trust’s investments is as follows:
| | | | | | | | | | | | | | | | | |
| | Net Asset Value December 31, 2006 | | Investments | | Gain (Loss) | | | Redemptions | | | Net Asset Value September 30, 2007 |
WCM Pool LLC | | $ | 0 | | $ | 5,002,950 | | $ | 695,903 | | | $ | (1,407,514 | ) | | $ | 4,291,339 |
| | | | | | | | | | | | | | | | | |
WMT III Series H/J Trading Vehicle LLC | | $ | 5,286,137 | | $ | 0 | | $ | (60,065 | ) | | $ | (5,226,072 | ) | | $ | 0 |
| | | | | | | | | | | | | | | | | |
The Trust may make additional contributions to, or redemptions from, the Company on a monthly basis.
-10-
FUTURES STRATEGIC TRUST
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
(Unaudited)
Note 6. | DERIVATIVE INSTRUMENTS AND ASSOCIATED RISKS |
The Trust’s investments in the Companies are subject to the market and credit risks of the futures contracts, options on futures contracts, forward currency contracts and other financial instruments held or sold short by the Companies. The Trust bears the risk of loss only to the extent of the market value of its investments and, in certain specific circumstances, distributions and redemptions received.
The Trust has cash on deposit with financial institutions. In the event of a financial institution’s insolvency, recovery of cash on deposit may be limited to account insurance or other protection afforded such deposits. The Managing Owner has established procedures to actively monitor market risk and minimize credit risk, although there can be no assurance that it will, in fact, succeed in doing so. The interestholders bear the risk of loss only to the extent of the market value of their respective investments and, in certain specific circumstances, distributions and redemptions received.
The Trust’s futures commission merchant in accepting orders for the purchase or sale of domestic futures contracts, is required by Commodity Futures Trading Commission (“CFTC”) regulations to separately account for and segregate as belonging to the Trust all assets of the Trust relating to domestic futures trading and is not to commingle such assets with its other assets. At September 30, 2007 and December 31, 2006, such segregated assets totaled $916 and $10,787, respectively. Part 30.7 of the CFTC regulations also requires the futures commission merchant to secure assets of the Trust related to foreign futures trading which totaled $0 and $0 at September 30, 2007 and December 31, 2006, respectively. There are no segregation requirements for assets related to forward trading.
-11-
FUTURES STRATEGIC TRUST
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
(Unaudited)
Note 7. | FINANCIAL HIGHLIGHTS |
The following information presents per interest performance data and other supplemental financial data for the three months and nine months ended September 30, 2007 and 2006. This information has been derived from information presented in the financial statements.
| | | | | | | | | | | | | | | | |
| | Three Months Ended September 30, | | | Nine Months Ended September 30, | |
| | 2007 | | | 2006 | | | 2007 | | | 2006 | |
| | (Unaudited) | | | (Unaudited) | | | (Unaudited) | | | (Unaudited) | |
Per Interest Performance | | | | | | | | | | | | | | | | |
(for an interest outstanding throughout the entire period) | | | | | | | | | | | | | | | | |
Net asset value, beginning of period | | $ | 106.73 | | | $ | 108.06 | | | $ | 100.24 | | | $ | 99.36 | |
| | | | | | | | | | | | | | | | |
Net realized gain (loss) and change in net unrealized gain (loss) on commodity transactions(1) | | | 4.45 | (5) | | | (6.10 | )(6) | | | 16.39 | (5) | | | 5.41 | (6) |
Interest income(1) | | | 1.13 | (5) | | | 1.35 | (6) | | | 3.42 | (5) | | | 3.64 | (6) |
Expenses(1) | | | (3.33 | )(5) | | | (2.35 | )(6) | | | (11.07 | )(5) | | | (7.45 | )(6) |
| | | | | | | | | | | | | | | | |
Net increase (decrease) for the period | | | 2.25 | | | | (7.10 | ) | | | 8.74 | | | | 1.60 | |
| | | | | | | | | | | | | | | | |
Net asset value, end of period | | $ | 108.98 | | | $ | 100.96 | | | $ | 108.98 | | | $ | 100.96 | |
| | | | | | | | | | | | | | | | |
Total Return:(3) | | | | | | | | | | | | | | | | |
Total return before incentive fees | | | 2.82 | % | | | (6.57 | )% | | | 11.94 | % | | | 1.99 | % |
Incentive fees | | | (0.71 | )% | | | 0.00 | % | | | (3.22 | )% | | | (0.38 | )% |
| | | | | | | | | | | | | | | | |
Total return after incentive fees | | | 2.11 | % | | | (6.57 | )% | | | 8.72 | % | | | 1.61 | % |
| | | | | | | | | | | | | | | | |
Supplemental Data | | | | | | | | | | | | | | | | |
| | | | |
Ratios to average net asset value: | | | | | | | | | | | | | | | | |
Net investment loss before incentive fees(2), (4) | | | (5.44 | )%(5) | | | (3.82 | )%(6) | | | (5.72 | )%(5) | | | (4.33 | )%(6) |
Incentive fees(3) | | | (0.71 | )%(5) | | | 0.00 | %(6) | | | (3.22 | )%(5) | | | (0.38 | )%(6) |
| | | | | | | | | | | | | | | | |
Net investment loss after incentive fees | | | (6.15 | )%(5) | | | (3.82 | )%(6) | | | (8.94 | )%(5) | | | (4.71 | )%(6) |
| | | | | | | | | | | | | | | | |
Interest income(4) | | | 4.30 | %(5) | | | 5.16 | %(6) | | | 4.48 | %(5) | | | 4.63 | %(6) |
| | | | | | | | | | | | | | | | |
Incentive fees(3) | | | 0.71 | %(5) | | | 0.00 | %(6) | | | 3.22 | %(5) | | | 0.38 | %(6) |
Other expenses(4) | | | 9.74 | %(5) | | | 8.98 | %(6) | | | 10.20 | %(5) | | | 8.97 | %(6) |
| | | | | | | | | | | | | | | | |
Total net expenses | | | 10.45 | %(5) | | | 8.98 | %(6) | | | 13.42 | %(5) | | | 9.35 | %(6) |
| | | | | | | | | | | | | | | | |
Total returns are calculated based on the change in value of an interest during the period. An individual interestholder’s total returns and ratios may vary from the above total returns and ratios based on the timing of redemptions.
(1) | Interest income per interest and expenses per interest are calculated by dividing interest income and expenses by the weighted average number of interests outstanding during the period. Net realized gain (loss) and change in net unrealized gain (loss) on commodity transactions is a balancing amount necessary to reconcile the change in net asset value per interest with the other per interest information. |
(2) | Represents interest income less total expenses (exclusive of incentive fees). |
(5) | Includes the Trust’s proportionate share of income and expenses from WMT III Series H/J Trading Vehicle LLC from January 1, 2007 to March 31, 2007 and the Trust’s proportionate share of income and expense from WCM Pool LLC from April 1, 2007 to September 30, 2007. |
(6) | Represents income (loss) and expenses from the Trust’s operations. |
-12-
SECTION II
WCM POOL LLC
FINANCIAL STATEMENTS
September 30, 2007
WCM POOL LLC
STATEMENT OF FINANCIAL CONDITION
September 30, 2007 (Unaudited)
| | | |
ASSETS | | | |
Equity in broker trading accounts | | | |
Cash in commodity trading accounts | | $ | 20,150,206 |
Interest receivable | | | 62,875 |
Net unrealized gain on open futures contracts | | | 1,446,298 |
| | | |
Total assets | | $ | 21,659,379 |
| | | |
LIABILITIES | | | |
Accrued expenses | | $ | 8,818 |
Commissions payable | | | 2,448 |
Management fee payable | | | 36,115 |
Incentive fee payable | | | 149,622 |
Redemptions payable | | | 918,159 |
| | | |
Total liabilities | | | 1,115,162 |
| | | |
MEMBERS’ CAPITAL (Net Asset Value) | | | |
Member DFF LP | | | 3,274,584 |
Member DFT I | | | 11,081,425 |
Member KGT | | | 1,896,869 |
Member FST | | | 4,291,339 |
| | | |
Total members’ capital (Net Asset Value) | | | 20,544,217 |
| | | |
Total liabilities and members’ capital | | $ | 21,659,379 |
| | | |
See accompanying notes.
-15-
WCM POOL LLC
CONDENSED SCHEDULE OF INVESTMENTS
September 30, 2007 (Unaudited)
| | | | | | | |
| | Net Unrealized Gain (Loss) as a % of Members’ Capital | | | Net Unrealized Gain (Loss) | |
OPEN FUTURES CONTRACTS | | | | | | | |
Futures contracts purchased: | | | | | | | |
Commodities | | 3.34 | % | | $ | 686,743 | |
Currencies | | 3.01 | % | | | 617,948 | |
Interest rates | | 0.37 | % | | | 77,027 | |
Stock indices | | 0.17 | % | | | 33,991 | |
| | | | | | | |
Net unrealized gain on futures contracts purchased | | 6.89 | % | | | 1,415,709 | |
| | | | | | | |
Futures contracts sold: | | | | | | | |
Commodities | | (0.08 | )% | | | (16,450 | ) |
Currencies | | 0.19 | % | | | 39,218 | |
Interest rates | | 0.04 | % | | | 7,821 | |
| | | | | | | |
Net unrealized gain on futures contracts sold | | 0.15 | % | | | 30,589 | |
| | | | | | | |
Net unrealized gain on futures contracts | | 7.04 | % | | $ | 1,446,298 | |
| | | | | | | |
See accompanying notes.
-16-
WCM POOL LLC
STATEMENTS OF OPERATIONS
For the Three Months and Nine Months Ended September 30, 2007
(Unaudited)
| | | | | | | |
| | Three Months Ended September 30, 2007 | | | Nine Months Ended September 30, 2007 |
REVENUES | | | | | | | |
Realized | | $ | (53,446 | ) | | $ | 824,003 |
Change in unrealized | | | 906,937 | | | | 1,446,298 |
Interest income | | | 219,142 | | | | 637,452 |
| | | | | | | |
Total revenues | | | 1,072,633 | | | | 2,907,753 |
| | | | | | | |
EXPENSES | | | | | | | |
Brokerage commissions | | | 14,084 | | | | 69,395 |
Management fee | | | 105,509 | | | | 309,661 |
Incentive fee | | | 149,622 | | | | 388,256 |
Operating expenses | | | 5,840 | | | | 23,513 |
| | | | | | | |
Total expenses | | | 275,055 | | | | 790,825 |
| | | | | | | |
NET INCOME | | $ | 797,578 | | | $ | 2,116,928 |
| | | | | | | |
See accompanying notes.
-17-
WCM POOL LLC
STATEMENT OF CHANGES IN MEMBERS’ CAPITAL (NET ASSET VALUE)
For the Nine Months Ended September 30, 2007
(Unaudited)
| | | | | | | | | | | | | | | | | | | | |
| | Members’ Capital | |
| | Member DFF LP | | | Member DFT I | | | Member KGT | | | Member FST | | | Total | |
Nine months ended September 30, 2007 | | | | | | | | | | | | | | | | | | | | |
Balances at January 1, 2007 | | $ | 0 | | | $ | 0 | | | $ | 0 | | | $ | 0 | | | $ | 0 | |
Additions | | | 3,636,164 | | | | 12,966,087 | | | | 2,143,975 | | | | 5,002,950 | | | | 23,749,176 | |
Net income for the nine months ended September 30, 2007 | | | 279,598 | | | | 973,843 | | | | 167,584 | | | | 695,903 | | | | 2,116,928 | |
Redemptions | | | (641,178 | ) | | | (2,858,505 | ) | | | (414,690 | ) | | | (1,407,514 | ) | | | (5,321,887 | ) |
| | | | | | | | | | | | | | | | | | | | |
Balances at September 30, 2007 | | $ | 3,274,584 | | | $ | 11,081,425 | | | $ | 1,896,869 | | | $ | 4,291,339 | | | $ | 20,544,217 | |
| | | | | | | | | | | | | | | | | | | | |
See accompanying notes.
-18-
WCM POOL LLC
NOTES TO FINANCIAL STATEMENTS
(Unaudited)
| A. | General Description of the Company |
WCM Pool LLC (the “Company”) is a limited liability company organized under the laws of Delaware on November 20, 2006 and commenced operations on January 1, 2007. The Company will terminate on December 31, 2056 unless terminated sooner under the provisions of the Organization Agreement. The Company was formed to engage in the speculative trading of a diversified portfolio of futures contracts, options on futures contracts and forward currency contracts and may, from time to time, engage in cash and spot transactions. Preferred Investment Solutions Corp. (“Preferred” or “Managing Member”) is the Managing Member of the Company. The Company currently consists of four members: Diversified Futures Fund L.P. (“Member DFF LP”), Diversified Futures Trust I (“Member DFT I”), Futures Strategic Trust (“Member FST”) and Kenmar Global Trust (“Member KGT”) (collectively, the “Members”). Preferred is also the Managing Owner or General Partner of each of the Members. Upon making the initial capital contribution, each Member received Voting Membership Interests.
The Company is a member managed limited liability company that is not registered in any capacity with, or subject directly to regulation by the Commodity Futures Trading Commission or the United States Securities and Exchange Commission.
The Company entered into an advisory agreement with Winton Capital Management Limited (the “Trading Advisor”) to make the trading decisions for the Company. The Trading Advisor manages approximately 100% of the assets of the Company pursuant to its Diversified Program Portfolio.
Note 2. | SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES |
The statement of financial condition, including the condensed schedule of investments, as of September 30, 2007 and the statements of operations for the three months and nine months ended September 30, 2007, and the statement of changes in members’ capital (net asset value) for the nine months ended September 30, 2007, are unaudited. In the opinion of Preferred, such financial statements reflect all adjustments, which were of a normal and recurring nature, necessary for a fair presentation of financial position as of September 30, 2007, and the results of operations for the three months and nine months ended September 30, 2007. The operating results for these interim periods may not be indicative of the results expected for a full year.
The financial statements of the Company are prepared in accordance with accounting principles generally accepted in the United States of America, which require the use of estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from these estimates.
-19-
WCM POOL LLC
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
(Unaudited)
Note 2. | SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) |
| A. | Basis of Accounting (Continued) |
Commodity futures and foreign exchange transactions are reflected in the accompanying statement of financial condition on the trade date. Net unrealized gain or loss on open contracts (the difference between contract trade price and market price) is reflected in the financial statements in accordance with Financial Accounting Standards Board Interpretation No. 39 – “Offsetting of Amounts Related to Certain Contracts.” The market value of futures (exchange-traded) contracts is based upon the closing quotation on the various futures exchanges on which the contract is traded. The values which will be used by the Company for open forward positions will be provided by its administrator, who obtains market quotes from data vendors and third parties. Any change in net unrealized gain or loss during the current period is reported in the statement of operations. Realized gains and losses on transactions are recognized in the period in which the contracts are closed. Brokerage commissions include other trading fees and are charged to expense when incurred.
The Company has elected not to provide a Statement of Cash Flows as permitted by Statement of Financial Accounting Standards (“SFAS”) No. 102, “Statement of Cash Flows – Exemption of Certain Enterprises and Classification of Cash Flows from Certain Securities Acquired for Resale.”
Consistent with standard business practices in the normal course of business, the Company has provided general indemnifications to its Trading Advisor and others when they act, in good faith, in the best interests of the Company. The Company is unable to develop an estimate of the maximum potential amount of future payments that could potentially result from any hypothetical future claim, but expects the risk of having to make any payments under these general business indemnifications to be remote.
In July 2006, the Financial Accounting Standards Board (“FASB”) issued FASB Interpretation No. 48, “Accounting for Uncertainty in Income Taxes – an interpretation of FASB Statement No. 109” (“FIN 48”), which clarifies the accounting for uncertainty in tax positions. FIN 48 requires that the Company recognize in its financial statements, the impact of a tax position if that position is more likely than not of being sustained on audit, based on the technical merits of the position. The provisions of FIN 48 were effective for fiscal years beginning after December 15, 2006, with the cumulative effect of the change in accounting principle recorded as an adjustment to opening retained earnings. Preferred as Managing Member of the Company evaluated the impact of adopting FIN 48 on the Company’s financial statements. In Preferred’s opinion, the adoption of FIN 48 had no material impact on the Company, as the Company’s tax position is based on established tax precedence for the tax treatment of investment partnerships as flow through tax entities.
-20-
WCM POOL LLC
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
(Unaudited)
Note 2. | SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) |
| A. | Basis of Accounting (Continued) |
In September 2006, the FASB issued SFAS No. 157, “Fair Value Measurements”, which defines fair value, establishes a framework for measuring fair value, and expands disclosures about fair value measurements. The provisions of SFAS No. 157 are effective for fiscal years beginning after November 15, 2007. The Managing Member is currently evaluating the impact of adopting SFAS No. 157 on the Company’s financial statements. At this time, the impact to the Company’s financial statements has not been determined.
In February 2007, the FASB issued SFAS No. 159, “The Fair Value Option for Financial Assets and Financial Liabilities”, including an amendment of SFAS 115, or SFAS 159. This statement provides companies with an option to report selected financial assets and liabilities at fair value. This statement is effective for fiscal years beginning after November 15, 2007 with early adoption permitted. The Managing Member is currently evaluating the impact of adopting SFAS No. 159 on the Company’s financial statements. At this time, the impact to the Company’s financial statements has not been determined.
Cash represents amounts deposited with clearing brokers, a portion of which are restricted for purposes of meeting margin requirements, which typically range from 0% to 35% of the notional amounts of the derivatives traded. The Company receives interest at prevailing interest rates on all cash balances held by the clearing brokers.
The Company is treated as a partnership for Federal income tax purposes. As such, the Company is not required to provide for, or pay, any Federal or state income taxes. Income tax attributes that arise from its operations are passed directly to the Members. The Company may be subject to other state and local taxes in jurisdictions in which it operates.
The Company accounts for subscriptions, allocations and redemptions on a per member capital account basis.
The Company allocates profits and losses, prior to calculation of the incentive fee, for both financial and tax reporting purposes to its Members monthly on a pro rata basis based on each Member’s pro rata capital in the Company during the month. Each Member is then charged with the applicable incentive fee. Distributions (other than redemptions of capital) may be made at the sole discretion of the Members on a pro rata basis in accordance with the Members’ respective capital balances. The Company has not and does not presently intend to make any distributions.
| D. | Foreign Currency Transactions |
The Company’s functional currency is the U.S. dollar; however, it transacts business in currencies other than the U.S. dollar. Assets and liabilities denominated in currencies other than the U.S. dollar are translated into U.S. dollars at the rates in effect at the date of the statement of financial condition. Income and expense items denominated in currencies other than U.S. dollars are translated into U.S. dollars at the rates in effect during the period. Gains and losses resulting from the translation to U.S. dollars are reported in operations currently.
-21-
WCM POOL LLC
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
(Unaudited)
Operating expenses of the Company are paid for by the Company.
| B. | Management and Incentive Fees |
The Company pays the Trading Advisor a management fee at an annual rate of 2% of the Company’s Net Assets determined as of the close of business each month. For purposes of determining the management fee, any distributions, redemptions or reallocation of assets made as of the last day of the month shall be added back to the assets and there shall be no reduction for (i) the management fees calculated or (ii) any accrued but unpaid incentive fees due the Trading Advisor.
Additionally, the Members of the Company pay the Trading Advisor a quarterly incentive fee of 20% (the “Incentive Fee”) of “New High Net Trading Profits” (as defined in the Advisory Agreement). For the three and nine months ended September 30, 2007, the Trading Advisor earned incentive fees of $149,622 and $388,256, respectively, of which $149,622 remains payable at September 30, 2007.
There have been no differences between the tax basis and book basis of assets, liabilities or members’ capital since inception of the Company.
Note 5. | DEPOSITS WITH COMMODITY BROKER |
The Company deposits funds with a commodity broker subject to CFTC regulations and various exchange and commodity broker requirements. Margin requirements are satisfied by the deposit of cash with such commodity broker. The Company earns interest income on assets deposited with the commodity broker.
Note 6. | SUBSCRIPTIONS, DISTRIBUTIONS AND REDEMPTIONS |
Investments in the Company are made subject to the terms of the Organization Agreement.
The Company is not required to make distributions, but could do so at the discretion of the Members. A Member can request and receive redemption of capital, subject to the terms in the Organization Agreement.
Note 7. | DERIVATIVE INSTRUMENTS AND ASSOCIATED RISKS |
The Company is exposed to various types of risks associated with the derivative instruments and related markets in which it invests. These risks include, but are not limited to, risk of loss from fluctuations in the value of derivative instruments held (market risk) and the inability of counterparties to perform under the terms of the Company’s investment activities (credit risk).
-22-
WCM POOL LLC
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
(Unaudited)
Note 7. | DERIVATIVE INSTRUMENTS AND ASSOCIATED RISKS (CONTINUED) |
Market Risk
Trading in futures and forward contracts (including foreign exchange) involves entering into contractual commitments to purchase or sell a particular commodity at a specified date and price. The gross or face amount of the contracts, which is typically many times that of the Company’s net assets being traded, significantly exceeds the Company’s future cash requirements since the Company intends to close out its open positions prior to settlement. As a result, the Company is generally subject only to the risk of loss arising from the change in the value of the contracts. As such, the Company considers the “fair value” of its derivative instruments to be the net unrealized gain or loss on the contracts. The market risk associated with the Company’s commitments to purchase commodities is limited to the gross or face amount of the contract held. However, when the Company enters into a contractual commitment to sell commodities, it must make delivery of the underlying commodity at the contract price and then repurchase the contract at prevailing market prices or settle in cash. Since the repurchase price to which a commodity can rise is unlimited, entering into commitments to sell commodities exposes the Company to unlimited risk.
Market risk is influenced by a wide variety of factors, including government programs and policies, political and economic events, the level and volatility of interest rates, foreign currency exchange rates, the diversification effect among the derivative instruments the Company holds and the liquidity and inherent volatility of the markets in which the Company trades.
Credit Risk
When entering into futures or forward contracts, the Company is exposed to credit risk that the counterparty to the contract will not meet its obligations. The counterparty for futures contracts traded on United States and most foreign futures exchanges is the clearinghouse associated with the particular exchange. In general, a clearinghouse is backed by its corporate members who are required to share any financial burden resulting from the non-performance by one of their members and, as such, should significantly reduce this credit risk. In cases where the clearinghouse is not backed by the clearing members (i.e., some foreign exchanges), it is normally backed by a consortium of banks or other financial institutions. On the other hand, there is concentration risk on forward transactions entered into by the Company, as the Company’s forward broker is the sole counterparty. The Company has entered into a master netting agreement with its forward broker and, as a result, when applicable, presents unrealized gains and losses on open forward positions as a net amount in the statements of financial condition. The amount at risk associated with counterparty non-performance of all of the Company’s contracts is the net unrealized gain included in the statement of financial condition; however, counterparty non-performance on only certain of the Company’s contracts may result in greater loss than non-performance on all of the Company’s contracts. There can be no assurance that any counterparty, clearing member or clearinghouse will meet its obligations to the Company.
-23-
WCM POOL LLC
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
(Unaudited)
Note 7. | DERIVATIVE INSTRUMENTS AND ASSOCIATED RISKS (CONTINUED) |
Credit Risk (Continued)
Preferred attempts to minimize both credit and market risks by requiring the Company and its Trading Advisor to abide by various trading limitations and policies. Preferred monitors compliance with these trading limitations and policies, which include, but are not limited to, executing and clearing all trades with creditworthy counterparties; limiting the amount of margin or premium required for any one commodity or all commodities combined; and generally limiting transactions to contracts which are traded in sufficient volume to permit the taking and liquidating of positions. Additionally, pursuant to the Advisory Agreement among the Company, Preferred and the Trading Advisor, the Company shall automatically terminate the Trading Agreement, if the net asset value allocated to the Trading Advisor declines by 40% from the value at the beginning of any year or since the effective date of the Advisory Agreement. The decline in net asset value is after giving effect for distributions, subscriptions and redemptions.
The Company’s futures commission merchant, in accepting orders for the purchase or sale of domestic futures contracts, is required by Commodity Futures Trading Commission (“CFTC”) regulations to separately account for and segregate as belonging to the Company all assets of the Company relating to domestic futures trading and is not allowed to commingle such assets with its other assets. At September 30, 2007, such segregated assets totaled $18,739,840. Part 30.7 of the CFTC regulations also requires the Company’s futures commission merchant to secure assets of the Company related to foreign futures trading which totaled $52,903 at September 30, 2007. There are no segregation requirements for assets related to forward trading.
As of September 30, 2007, all open futures contracts mature within eighteen months.
-24-
WCM POOL LLC
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
(Unaudited)
Note 8. | FINANCIAL HIGHLIGHTS |
The following information presents the financial highlights of the Company for the three months and nine months ended September 30, 2007. This information has been derived from information presented in the financial statements.
| | | | | | | | | | | | | | | | | | | | | | | | |
| | Three Months Ended September 30, 2007 | | | Nine Months Ended September 30, 2007 | |
| | (Unaudited) | | | (Unaudited) | |
| | Member DFF LP | | | Member DFT I | | | Member KGT | | | Member FST | | | Member DFF LP | | | Member DFT I | | | Member KGT | | | Member FST(5) | |
Total return:(1),(4) | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | |
Total return before incentive fee | | 4.66 | % | | 4.66 | % | | 4.66 | % | | 4.66 | % | | 10.21 | % | | 10.21 | % | | 10.22 | % | | 19.99 | % |
Incentive fee | | (0.73 | )% | | (0.73 | )% | | (0.73 | )% | | (0.73 | )% | | (1.41 | )% | | (1.40 | )% | | (1.50 | )% | | (3.72 | )% |
| | | | | | | | | | | | | | | | | | | | | | | | |
Total return after incentive fee | | 3.93 | % | | 3.93 | % | | 3.93 | % | | 3.93 | % | | 8.80 | % | | 8.81 | % | | 8.72 | % | | 16.27 | % |
| | | | | | | | | | | | | | | | | | | | | | | | |
Ratios to average net asset values: | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | |
Expenses prior to incentive fee(2) | | 2.41 | % | | 2.42 | % | | 2.43 | % | | 2.44 | % | | 2.65 | % | | 2.66 | % | | 2.66 | % | | 2.60 | % |
Incentive fee(1) | | 0.73 | % | | 0.73 | % | | 0.70 | % | | 0.71 | % | | 1.37 | % | | 1.36 | % | | 1.46 | % | | 3.38 | % |
| | | | | | | | | | | | | | | | | | | | | | | | |
Total expenses and incentive fee | | 3.14 | % | | 3.15 | % | | 3.13 | % | | 3.15 | % | | 4.02 | % | | 4.02 | % | | 4.12 | % | | 5.98 | % |
| | | | | | | | | | | | | | | | | | | | | | | | |
Net investment income(2), (3) | | 1.80 | % | | 1.80 | % | | 1.82 | % | | 1.83 | % | | 1.50 | % | | 1.50 | % | | 1.53 | % | | 1.80 | % |
| | | | | | | | | | | | | | | | | | | | | | | | |
(3) | Represents interest income less total expenses (exclusive of incentive fee). |
(4) | Includes realized and unrealized gains (losses) on securities transactions. |
(5) | Member FST contributed its net assets to the Company effective April 1, 2007. |
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SECTION III
WMT III SERIES H/J TRADING VEHICLE LLC
FINAL ANNUAL REPORT
As of April 30, 2007 (Date of Liquidation) and December 31, 2006
And for the Periods from January 1, 2007 to April 30, 2007 (Date of Liquidation) and
For the Year Ended December 31, 2006
REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
To the Managing Owner and Members of
World Monitor Trust III Series H/J Trading Vehicle LLC
We have audited the accompanying statements of financial condition, including the condensed schedules of investments, of World Monitor Trust III Series H/J Trading Vehicle LLC (the “Trading Vehicle”) as of April 30, 2007 (Date of Liquidation) and December 31, 2006, and the related statements of operations and changes in members’ capital for the period from January 1, 2007 to April 30, 2007 (Date of Liquidation) and the year ended December 31, 2006. These financial statements are the responsibility of the Trading Vehicle’s management. Our responsibility is to express an opinion on these financial statements based on our audits.
We conducted our audits in accordance with the standards of the Public Company Accounting Oversight Board (United States). Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. The Trading Vehicle is not required to have, nor were we engaged to perform, an audit of its internal control over financial reporting. Our audits included consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Trading Vehicle’s internal control over financial reporting. Accordingly, we express no such opinion. An audit also includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion.
In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of World Monitor Trust III Series H/J Trading Vehicle LLC at April 30, 2007 (Date of Liquidation) and December 31, 2006, and the results of its operations and changes in its members’ capital for the period from January 1, 2007 to April 30, 2007 (Date of Liquidation) and the year ended December 31, 2006 in conformity with accounting principles generally accepted in the United States of America.
Deloitte & Touche LLP
New York, New York
July 25, 2007
WMT III SERIES H/J TRADING VEHICLE LLC
STATEMENTS OF FINANCIAL CONDITION
April 30, 2007 (Date of Liquidation) and December 31, 2006
| | | | | | |
| | April 30, 2007 | | December 31, 2006 |
ASSETS | | | | | | |
Cash and cash equivalents | | $ | 6,867 | | $ | 0 |
Cash in commodity trading accounts | | | 24,557,766 | | | 28,463,857 |
Net unrealized gain on open futures contracts | | | 0 | | | 622,289 |
Interest receivable | | | 0 | | | 114,572 |
| | | | | | |
Total assets | | $ | 24,564,633 | | $ | 29,200,718 |
| | | | | | |
| | |
LIABILITIES | | | | | | |
Accrued expenses | | $ | 75,138 | | $ | 32,141 |
Commissions payable | | | 0 | | | 8,336 |
Redemptions payable | | | 24,219,558 | | | 0 |
Advisor fee payable | | | 269,937 | | | 73,255 |
| | | | | | |
Total liabilities | | | 24,564,633 | | | 113,732 |
| | | | | | |
| | |
MEMBERS’ CAPITAL(Net Asset Value) | | | | | | |
Member H—Class I | | | 0 | | | 1,140,902 |
Member H—Class II | | | 0 | | | 444,359 |
Member J—Class I | | | 0 | | | 21,153,067 |
Member J—Class II | | | 0 | | | 1,062,521 |
Member—Futures Strategic Trust | | | 0 | | | 5,286,137 |
| | | | | | |
Total members’ capital | | | | | | |
(Net Asset Value) | | | 0 | | | 29,086,986 |
| | | | | | |
Total liabilities and members’ capital | | $ | 24,564,633 | | $ | 29,200,718 |
| | | | | | |
See accompanying notes.
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WMT III SERIES H/J TRADING VEHICLE LLC
CONDENSED SCHEDULES OF INVESTMENTS
April 30, 2007 (Date of Liquidation) and December 31, 2006
| | | | | | | | | | | | | |
| | April 30, 2007 | | | December 31, 2006 | |
| | Net Unrealized Gain(Loss) | | Net Unrealized Gain(Loss) as a % of Net Asset Value* | | | Net Unrealized Gain(Loss) | | | Net Unrealized Gain(Loss) as a % of Net Asset Value | |
Long futures contracts: | | | | | | | | | | | | | |
Commodities | | $ | 0 | | 0.00 | % | | $ | 4,903 | | | 0.02 | % |
Currencies | | | 0 | | 0.00 | % | | | (455,693 | ) | | (1.57 | )% |
Energy | | | 0 | | 0.00 | % | | | (18,370 | ) | | (0.06 | )% |
Interest rates | | | 0 | | 0.00 | % | | | (202,599 | ) | | (0.70 | )% |
Metals | | | 0 | | 0.00 | % | | | (76,930 | ) | | (0.26 | )% |
Stock indices | | | 0 | | 0.00 | % | | | 20,644 | | | 0.07 | % |
| | | | | | | | | | | | | |
Total long futures contracts | | | 0 | | 0.00 | % | | | (728,045 | ) | | (2.50 | )% |
| | | | | | | | | | | | | |
| | | | |
Short futures contracts: | | | | | | | | | | | | | |
Currencies | | | 0 | | 0.00 | % | | | (2,139 | ) | | (0.01 | )% |
Interest rates | | | 0 | | 0.00 | % | | | 1,461,530 | | | 5.02 | % |
Metals | | | 0 | | 0.00 | % | | | 42,750 | | | 0.15 | % |
Stock indices | | | 0 | | 0.00 | % | | | (151,807 | ) | | (0.52 | )% |
| | | | | | | | | | | | | |
Total short futures contracts | | | 0 | | 0.00 | % | | | 1,350,334 | | | 4.64 | % |
| | | | | | | | | | | | | |
Total futures contracts | | $ | 0 | | 0.00 | % | | $ | 622,289 | | | 2.14 | % |
| | | | | | | | | | | | | |
* | Prior to liquidating redemptions. |
See accompanying notes.
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WMT III SERIES H/J TRADING VEHICLE LLC
STATEMENTS OF OPERATIONS
For the Period January 1, 2007 to April 30, 2007 (Date of Liquidation) and
For the Year Ended December 31, 2006
| | | | | | | | |
| | Period January 1, 2007 to April 30, 2007 | | | Year Ended December 31, 2006 | |
REVENUES | | | | | | | | |
Realized | | $ | 308,078 | | | $ | (2,317,174 | ) |
Change in unrealized | | | (622,289 | ) | | | 950,808 | |
Interest income | | | 419,797 | | | | 926,433 | |
| | | | | | | | |
Total revenues (loss) | | | 105,586 | | | | (439,933 | ) |
| | | | | | | | |
| | |
EXPENSES | | | | | | | | |
Brokerage commissions | | | 29,545 | | | | 81,082 | |
Advisor incentive fee | | | 0 | | | | 237,915 | |
Advisor management fee | | | 269,937 | | | | 638,927 | |
Operating expenses | | | 63,839 | | | | 57,341 | |
| | | | | | | | |
Total expenses | | | 363,321 | | | | 1,015,265 | |
| | | | | | | | |
NET LOSS | | $ | (257,735 | ) | | $ | (1,455,198 | ) |
| | | | | | | | |
See accompanying notes.
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WMT III SERIES H/J TRADING VEHICLE LLC
STATEMENTS OF CHANGES IN MEMBERS’ CAPITAL (NET ASSET VALUE)
For the Period January 1, 2007 to April 30, 2007 (Date of Liquidation) and
For the Year Ended December 31, 2006
| | | | | | | | | | | | | | | | | | | | | | | | |
| | Members’ Capital | |
| | Member H - Class I | | | Member H - Class II | | | Member J - Class I | | | Member J - Class II | | | Futures Strategic Trust | | | Total | |
Balance at December 31, 2005 | | $ | 515,430 | | | $ | 0 | | | $ | 10,152,980 | | | $ | 0 | | | $ | 0 | | | $ | 10,668,410 | |
Additions | | | 1,154,252 | | | | 528,000 | | | | 13,133,733 | | | | 1,177,042 | | | | 5,372,605 | | | | 21,365,632 | |
Redemptions | | | (422,422 | ) | | | (9,587 | ) | | | (1,009,312 | ) | | | (10,526 | ) | | | (40,011 | ) | | | (1,491,858 | ) |
Net loss | | | (106,358 | ) | | | (74,054 | ) | | | (1,124,334 | ) | | | (103,995 | ) | | | (46,457 | ) | | | (1,455,198 | ) |
| | | | | | | | | | | | | | | | | | | | | | | | |
Balance at December 31, 2006 | | | 1,140,902 | | | | 444,359 | | | | 21,153,067 | | | | 1,062,521 | | | | 5,286,137 | | | | 29,086,986 | |
Additions | | | 0 | | | | 0 | | | | 2,881,832 | | | | 440,624 | | | | 0 | | | | 3,322,456 | |
Redemptions | | | (109,663 | ) | | | (2,193 | ) | | | (1,610,471 | ) | | | (54,999 | ) | | | (5,226,072 | ) | | | (7,003,398 | ) |
Net loss for the period January 1, 2007 to April 30, 2007 | | | (9,425 | ) | | | (3,946 | ) | | | (173,276 | ) | | | (11,023 | ) | | | (60,065 | ) | | | (257,735 | ) |
| | | | | | | | | | | | | | | | | | | | | | | | |
Members capital before liquidating redemptions | | | 1,021,814 | | | | 438,220 | | | | 22,251,152 | | | | 1,437,123 | | | | 0 | | | | 25,148,309 | |
Liquidating redemptions | | | (1,021,814 | ) | | | (438,220 | ) | | | (22,251,152 | ) | | | (1,437,123 | ) | | | 0 | | | | (25,148,309 | ) |
| | | | | | | | | | | | | | | | | | | | | | | | |
Members’ capital at April 30, 2007 | | $ | 0 | | | $ | 0 | | | $ | 0 | | | $ | 0 | | | $ | 0 | | | $ | 0 | |
| | | | | | | | | | | | | | | | | | | | | | | | |
See accompanying notes.
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WMT III SERIES H/J TRADING VEHICLE LLC
NOTES TO FINANCIAL STATEMENTS
| A. | General Description of the Trading Vehicle |
WMT III Series H/J Trading Vehicle LLC (the “Trading Vehicle”) was a limited liability company organized under the laws of Delaware on March 10, 2005, which terminated on April 30, 2007 under the provisions of the Trading Vehicle’s Organization Agreement. The Trading Vehicle commenced trading operations on December 1, 2005. The Trading Vehicle was formed to engage in the speculative trading of a diversified portfolio of futures contracts and options on futures contracts. Preferred Investment Solutions Corp. (“Preferred” or the “Managing Owner”) was the Managing Owner of the Trading Vehicle. The Trading Vehicle consisted of five members: World Monitor Trust III – Series H, Class I (“Member H-Class I”), World Monitor Trust III – Series H, Class II (“Member H-Class II”), World Monitor Trust III – Series J, Class I (“Member J-Class I”), World Monitor Trust III – Series J, Class II (“Member J-Class II”) and Futures Strategic Trust (collectively, the “Members”). Preferred was also the Managing Owner of each of the Members. Upon making the initial capital contribution, each Member received Voting Membership Interests.
The Trading Vehicle was a member-managed limited liability company that was not registered in any capacity with, or subject directly to regulation by, the Commodity Futures Trading Commission (“CFTC”) or the United States Securities and Exchange Commission.
The Trading Vehicle entered into an advisory agreement with Bridgewater Associates, Inc. (the “Trading Advisor”) to make the trading decisions for the Trading Vehicle. The Trading Advisor managed the assets in the Trading Vehicle pursuant to its Aggressive Pure Alpha Futures Only – A, No Benchmark program.
Note 2. | SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES |
The financial statements of the Trading Vehicle are prepared in accordance with accounting principles generally accepted in the United States of America, which require the use of estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from these estimates.
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WMT III SERIES H/J TRADING VEHICLE LLC
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
Note 2. | SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) |
| A. | Basis of Accounting (Continued) |
Commodity futures transactions are reflected in the accompanying statement of financial condition on the trade date. Net unrealized gain or loss on open contracts (difference between contract trade price and market price) is reflected in the financial statements in accordance with Financial Accounting Standards Board Interpretation No. 39 – “Offsetting of Amounts Related to Certain Contracts.” The market value of futures (exchange-traded) contracts is based upon the closing quotation on the various futures exchanges on which the contract is traded. Any change in net unrealized gain or loss during the current period is reported in the statement of operations. Realized gains and losses on commodity transactions are recognized in the period in which the contracts are closed.
Brokerage commissions include other trading fees and are charged to expense when contracts are opened.
The Trading Vehicle has elected not to provide a Statement of Cash Flows as permitted by Statement of Financial Accounting Standards (“SFAS”) No. 102, “Statement of Cash Flows – Exemption of Certain Enterprises and Classification of Cash Flows from Certain Securities Acquired for Resale.”
Consistent with standard business practices in the normal course of business, the Trading Vehicle provided general indemnifications to its Trading Advisor and others when they act, in good faith, in the best interests of the Trading Vehicle. The Trading Vehicle is unable to develop an estimate of the maximum potential amount of future payments that could potentially result from any hypothetical future claim, but expects the risk of having to make any payments under these general business indemnifications to be remote.
In July 2006, the Financial Accounting Standards Board (“FASB”) issued FASB Interpretation No. 48, “Accounting for Uncertainty in Income Taxes—an interpretation of FASB Statement No. 109” (“FIN 48”), which clarifies the accounting for uncertainty in tax positions. FIN 48 requires that the Trading Vehicle recognize in its financial statements the impact of a tax position if that position is more likely than not of being sustained on audit, based on the technical merits of the position. The provisions of FIN 48 are effective for fiscal years beginning after December 15, 2006, with the cumulative effect of the change in accounting principle recorded as an adjustment to opening retained earnings.
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WMT III SERIES H/J TRADING VEHICLE LLC
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
Note 2. | SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) |
| A. | Basis of Accounting (Continued) |
Preferred as Managing Owner of the Trading Vehicle has evaluated the impact of adopting FIN 48 on the Trading Vehicle’s financial statements. In Preferred’s opinion, the adoption of FIN 48 has no material impact on the Trading Vehicle, as the Trading Vehicle’s tax position is based on established tax precedence for the tax treatment of investment partnerships as flow through tax entities.
In September 2006, FASB issued SFAS No. 157, “Fair Value Measurements”, which defines fair value, establishes a framework for measuring fair value, and expands disclosures about fair value measurements. The provisions of SFAS No. 157 are effective for fiscal years beginning after the Trading Vehicle’s liquidation. Given this, Preferred, as Managing Owner of the Trading Vehicle, has concluded that SFAS No. 157 has no impact on the Trading Vehicle’s financial statements.
The Trading Vehicle is treated as a partnership for Federal income tax purposes. As such, the Trading Vehicle is not required to provide for, or pay, any Federal or state income taxes. Income tax attributes that arise from its operations are passed directly to the Members. The Trading Vehicle may be subject to other state and local taxes in jurisdictions in which it operates.
The Trading Vehicle accounted for additions, allocations of net gain (loss) and redemptions on a per member capital account basis.
The Trading Vehicle allocated profits and losses to its Members monthly on a pro rata basis based on each Member’s pro rata capital in the Trading Vehicle during the month. Distributions (other than redemptions of capital) were made at the sole discretion of the Members on a pro rata basis in accordance with the Members’ respective capital balances. The Trading Vehicle had not made any distributions prior to termination.
| D. | Foreign Currency Transactions |
The Trading Vehicle’s functional currency was the U.S. dollar; however, it transacted business in currencies other than the U.S. dollar. Assets and liabilities denominated in currencies other than the U.S. dollar have been translated into U.S. dollars at the rates in effect at the date of the statement of financial condition. Income and expense items denominated in currencies other than U.S. dollars are translated into U.S. dollars at the rates in effect during the period. Gains and losses resulting from the translation to U.S. dollars are reported in operations currently.
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WMT III SERIES H/J TRADING VEHICLE LLC
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
Note 3. | MANAGEMENT AND INCENTIVE FEES |
The Trading Vehicle paid the Trading Advisor a monthly management fee equal to 1/12 of 3.0% (3.0% annually) of the Trading Vehicle’s allocated assets determined as of the close of business on the last day of each month. For purposes of determining the management fee, any distributions, redemptions or reallocation of assets made as of the last day of each month were added back to the assets and there was no reduction for (i) the management fees calculated or (ii) any accrued but unpaid incentive fees due the Trading Advisor.
Additionally, the Trading Vehicle paid the Trading Advisor an incentive fee of 20% (the “Incentive Fee”) of “New High Net Trading Profits” (as defined in the Advisory Agreement). The incentive fee accrued monthly and was paid quarterly. For the period January 1, 2007 to April 30, 2007 (Date of Liquidation) and for the year ended December 31, 2006, the Trading Advisor earned incentive fees of $0 and $237,915, respectively.
Note 4. | OPERATING EXPENSES |
Operating expenses of the Trading Vehicle were paid for by the Trading Vehicle.
Note 5. | DEPOSITS WITH BROKER |
The Trading Vehicle deposited funds with UBS Securities LLC to act as broker subject to CFTC regulations and various exchange and broker requirements. Margin requirements were satisfied by the deposit of cash with such broker. The Trading Vehicle earned interest income on assets deposited with the broker at competitive rates.
Note 6. | ADDITIONS, DISTRIBUTIONS AND REDEMPTIONS |
The Trading Vehicle was not required to make distributions, but was permitted to do so at the discretion of the Members. A Member could request and receive redemption of capital at any time, subject to the terms in the Organization Agreement.
Note 7. | DERIVATIVE INSTRUMENTS AND ASSOCIATED RISKS |
The Trading Vehicle was exposed to various types of risks associated with the derivative instruments and related markets in which it invested. These risks included, but were not limited to, risk of loss from fluctuations in the value of derivative instruments held (market risk) and the inability of counterparties to perform under the terms of the Trading Vehicle’s investment activities (credit risk).
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WMT III SERIES H/J TRADING VEHICLE LLC
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
Note 7. | DERIVATIVE INSTRUMENTS AND ASSOCIATED RISKS (CONTINUED) |
Trading in futures contracts (including foreign exchange) involves entering into contractual commitments to purchase or sell a particular commodity at a specified date and price. The gross or face amount of the contracts, which is typically many times that of the Trading Vehicle’s net assets being traded, significantly exceeded the Trading Vehicle’s future cash requirements since the Trading Vehicle closed out its open positions prior to settlement. As a result, the Trading Vehicle was generally subject only to the risk of loss arising from the change in the value of the contracts. As such, the Trading Vehicles considered the “fair value” of its derivative instruments to be the net unrealized gain or loss on the contracts. The market risk associated with the Trading Vehicle’s commitments to purchase commodities was limited to the gross or face amount of the contract held. However, when the Trading Vehicle entered into a contractual commitment to sell commodities, it was obligated to make delivery of the underlying commodity at the contract price and then repurchase the contract at prevailing market prices or settle in cash. Since the repurchase price to which a commodity can rise is unlimited, entering into commitments to sell commodities exposed the Trading Vehicle to unlimited risk.
Market risk is influenced by a wide variety of factors, including government programs and policies, political and economic events, the level and volatility of interest rates, foreign currency exchange rates, the diversification effect among the derivative instruments the Trading Vehicle held and the liquidity and inherent volatility of the markets in which the Trading Vehicle traded.
When entering into futures contracts, the Trading Vehicle was exposed to credit risk that the counterparty to the contract will not meet its obligations. The counterparty for futures contracts traded on United States and most foreign futures exchanges is the clearinghouse associated with the particular exchange. In general, a clearinghouse is backed by its corporate members who are required to share any financial burden resulting from the non-performance by one of their members and, as such, should significantly reduce this credit risk. In cases where the clearinghouse is not backed by the clearing members (i.e., some foreign exchanges), it is normally backed by a consortium of banks or other financial institutions. The amount at risk associated with counterparty non-performance of all of the Trading Vehicle’s contracts was the net unrealized gain included in the statement of financial condition; however, counterparty non-performance on only certain of the Trading Vehicle’s contracts might have resulted in a greater loss than non-performance on all of the Trading Vehicle’s contracts. There can be no assurance that any counterparty, clearing member or clearinghouse can meet its obligations to the Trading Vehicle.
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WMT III SERIES H/J TRADING VEHICLE LLC
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
Note 7. | DERIVATIVE INSTRUMENTS AND ASSOCIATED RISKS (CONTINUED) |
| B. | Credit Risk (Continued) |
The Managing Owner attempted to minimize both credit and market risks by requiring the Trading Vehicle and its Trading Advisor to abide by various trading limitations and policies. Preferred monitored compliance with these trading limitations and policies, which included, but was not limited to, executing and clearing all trades with creditworthy counterparties; limiting the amount of margin or premium required for any one commodity or all commodities combined; and generally limiting transactions to contracts which are traded in sufficient volume to permit the taking and liquidating of positions. Additionally, pursuant to the Advisory Agreement among the Trading Vehicle, Preferred and the Trading Advisor, the Trading Vehicle would have automatically terminated the Advisory Agreement, if the net asset value allocated to the Trading Advisor declined as of the end of any business day by at least 40% from the value at the beginning of any calendar year or since the effective date of the Advisory Agreement. The decline in net asset value was after giving effect for distributions, subscriptions and redemptions.
The Trading Vehicle’s futures commission merchant, in accepting orders for the purchase or sale of domestic futures contracts, is required by CFTC regulations to separately account for and segregate as belonging to the Trading Vehicle all assets of the Trading Vehicle relating to domestic futures trading and is not allowed to commingle such assets with its other assets. At April 30, 2007 (date of liquidation) and December 31, 2006, such segregated assets totaled $19,495,157 and $23,649,869, respectively. Part 30.7 of the CFTC regulations also requires the Trading Vehicle’s futures commission merchant to secure assets of the Trading Vehicle related to foreign futures trading which totaled $(124) and $136,650 at April 30, 2007 (date of liquidation) and December 31, 2006, respectively.
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WMT III SERIES H/J TRADING VEHICLE LLC
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
Note 8. | FINANCIAL HIGHLIGHTS |
The following information presents the financial highlights of the Trading Vehicle for the period January 1, 2007 to April 30, 2007 (Date of Liquidation) and for the year ended December 31, 2006. This information has been derived from information presented in the financial statements.
| | | | | | |
| | Period January 1, 2007 to April 30, 2007 (Date of Liquidation) | | | Year Ended December 31, 2006 | |
Total Return(1) | | | | | | |
Total return before incentive fee | | (0.83 | )% | | (1.41 | )% |
Incentive fee | | 0.00 | % | | (1.16 | )% |
| | | | | | |
Total return after incentive fee | | (0.83 | )% | | (2.57 | )% |
| | | | | | |
| | |
Ratios to average net asset value: | | | | | | |
Expenses prior to incentive fee(2) | | 3.97 | % | | 3.80 | % |
Incentive fee(1) | | 0.00 | % | | 1.17 | % |
| | | | | | |
Total expenses and incentive fee | | 3.97 | % | | 4.97 | % |
| | | | | | |
Net investment gain(2),(3) | | 0.62 | % | | 0.73 | % |
| | | | | | |
Total returns and ratios to average net asset value are calculated for Members’ capital taken as a whole. An individual Member’s total return and ratios may vary from the above return and ratios based on the timing of additions and redemptions.
(3) | Represents interest income less total expenses (exclusive of incentive fee). |
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Item 2. | Management’s Discussion and Analysis of Financial Condition and Results of Operations |
This report on Form 10-Q (the “Report”) for the three months ended September 30, 2007 (“Third Quarter 2007”) includes forward-looking statements that reflect the current expectations of Preferred Investment Solutions Corp. (“Preferred” or the “Managing Owner”), the managing owner of Futures Strategic Trust (“Registrant”), about the future results, performance, prospects and opportunities of Registrant. The Managing Owner has tried to identify these forward-looking statements by using words such as “may,” “will,” “expect,” “anticipate,” “believe,” “intend,” “should,” “estimate” or the negative of those terms or similar expressions. These forward-looking statements are based on information currently available to the Managing Owner and are subject to a number of risks, uncertainties and other factors, both known, such as those described in this Report, and unknown, that could cause Registrant’s actual results, performance, prospects or opportunities to differ materially from those expressed in, or implied by, these forward-looking statements.
You should not place undue reliance on any forward-looking statements. Except as expressly required by the Federal securities laws, the Managing Owner undertakes no obligation to publicly update or revise any forward-looking statements or the risks, uncertainties or other factors described in this Report, as a result of new information, future events or changed circumstances or for any other reason after the date of this Report.
Introduction
General
Futures Strategic Trust, (“Registrant”) was organized under the Delaware Statutory Trust Act on October 16, 1995 and commenced trading operations on May 1, 1996. The Registrant will terminate on December 31, 2015 unless terminated sooner as provided in the Third Amended and Restated Declaration of Trust and Trust Agreement (the “Trust Agreement”). The Registrant was formed to engage in the speculative trading of commodity futures, forward and options contracts. The trustee of the Registrant is Wilmington Trust Company.
Registrant is engaged solely in the business of commodity futures, forward and options trading; therefore, presentation of industry segment information is not applicable.
Managing Owner and its Affiliates
Preferred has been the managing owner of Registrant since October 1, 2004. Prior to that date, Prudential Securities Futures Management Inc. served as managing owner of Registrant. The term “Managing Owner”, as used herein, refers either to Prudential Securities Futures Management Inc. or Preferred, depending upon the applicable period discussed.
The Managing Owner and/or its affiliates have agreed to purchase and maintain an interest in Registrant in an amount not less than 1% of the Registrant’s net asset value.
The Trading Advisor and the Trading Vehicle
Prior to November 1, 2006, all trading decisions for Registrant were made by Bridgewater Associates, Inc. (“Bridgewater”) and Graham Capital Management, L.P. (“Graham”) pursuant to advisory agreements between Registrant and Bridgewater and between Registrant and Graham (the “Bridgewater Advisory Agreement” and the “Graham Advisory Agreement”, respectively).
Effective November 1, 2006, Registrant allocated its net assets to WMT III Series H/J Trading Vehicle LLC (the “H/J Trading Vehicle”) and received a voting membership interest in the H/J Trading Vehicle. The H/J Trading Vehicle was formed to function as an aggregate trading vehicle for its members. The sole members of the H/J Trading Vehicle were Registrant, World Monitor Trust III – Series H (“Series H”) and World Monitor Trust III – Series J (“Series J”). Preferred is the managing owner of Series H and Series J and has been delegated administrative authority over the operations of the H/J Trading Vehicle. The H/J Trading Vehicle engages in the speculative trading of futures and forwards contracts. The
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Trading Vehicle entered into an advisory agreement (the “H/J Trading Vehicle Advisory Agreement”) with Bridgewater to make the trading decisions for the H/J Trading Vehicle. Bridgewater traded 100% of the assets of the H/J Trading Vehicle pursuant to Bridgewater’s Aggressive Pure Alpha Futures Only – A No Benchmark program, which is a fundamental, systematic, global macro program. All references herein to Registrant’s relationship with Bridgewater shall, unless the context states otherwise, refer to the Registrant’s relationship with Bridgewater through Registrant’s investment in the H/J Trading Vehicle.
Effective April 1, 2007, Registrant withdrew as a member of the H/J Trading Vehicle and contributed its net assets to WCM Pool LLC (the “WCM Pool”), a Delaware limited liability company, and received a voting membership interest in WCM Pool. WCM Pool was formed to function as an aggregate trading vehicle for its members. Registrant, Diversified Futures Fund, L.P., Diversified Futures Trust I, and Kenmar Global Trust are the sole members of WCM Pool. Preferred has been delegated administrative authority over the operations of WCM Pool. WCM Pool engages in the speculative trading of futures contracts.
The term “Trading Vehicle”, as used herein, refers either to the H/J Trading Vehicle or the WCM Pool, depending upon the applicable period discussed. The term “Trading Advisor”, as used herein, refers either to Bridgewater, Graham or Winton, depending upon the applicable period discussed. The term “Trading Advisory Agreement”, as used herein, refers either to the Graham Advisory Agreements, the Bridgewater Advisory Agreement, the H/J Trading Vehicle Advisory Agreement or the WCM Pool Advisory Agreement, depending upon the applicable period discussed.
WCM Pool has entered into an advisory agreement (the “WCM Pool Advisory Agreement”) with Winton Capital Management Limited (the “Winton”), whereby the Winton will make the trading decisions for the WCM Pool and, in turn, Registrant, pursuant to Winton’s Diversified Program. The Advisory Agreement may be terminated for various reasons, including at the discretion of the Trading Vehicle. The Registrant has allocated 100% of the proceeds from the initial and continuous offering of Registrant to the Trading Advisor. Registrant, through its investment in the Trading Vehicle, pays a monthly management fee equal to 0.16667% (2% annually) of the assets allocated to the Trading Advisor. , Registrant, through its investment in the Trading Vehicle, pays the Trading Advisor an incentive fee of 20% of New High Net Trading Profits (as defined in the Advisory Agreement) generated by the Trading Vehicle. Incentive fees will accrue monthly and be paid quarterly in arrears.
Competition
The Managing Owner and its affiliates have formed, and may continue to form, various entities to engage in the speculative trading of futures, forward and options contracts which have certain of the same investment policies as the Registrant.
Registrant does not currently, and does not intend in the future to, solicit the sale of additional Interests. As such, Registrant does not compete with other entities to attract new fund participants. However, to the extent that the Trading Advisors recommend similar or identical trades to Registrant and other accounts that they manage, Registrant may compete with those accounts, as well as other market participants, for the execution of the same or similar trades.
Employees
Registrant has no employees. Management and administrative services for Registrant are performed by the Managing Owner or third parties pursuant to the Trust Agreement, as further discussed in Notes 3 and 4 to Registrant’s financial statements included in its annual report for the year ended December 31, 2006 (“Registrant’s 2006 Annual Report”), which is filed as an exhibit to Registrant’s Form 10-K for the fiscal year ended December 31, 2006.
Critical Accounting Policies
Preparation of the financial statements and related disclosures in compliance with accounting principles generally accepted in the United States of America requires the application of appropriate accounting
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rules and guidance. Applying these policies requires the Managing Owner to make judgments, estimates and assumptions in connection with the preparation of Registrant’s financial statements. Actual results may differ from the estimates used.
The Managing Owner has evaluated Registrant’s financial statements and related disclosures and has determined that the policies discussed below are critical accounting policies because they involve estimates, judgments and assumptions that are particularly complex, subjective or uncertain. For further discussion of Registrant’s significant accounting policies, see Note 2 to Registrant’s financial statements for the year ended December 31, 2006, which is filed as an exhibit to Registrant’s annual report on Form 10K for the fiscal year ended December 31, 2006.
The valuation of Registrant’s investments that are not traded on a United States or internationally recognized futures exchange is a critical accounting policy. The market values of futures (exchange traded) contracts is verified by Registrant’s administrator, which obtains valuation data from third party data providers such as Bloomberg and Reuters and compares those prices with Registrant’s clearing broker. The market value of currency swap and forward (non-exchange traded) contracts is extrapolated on a forward basis from the spot prices quoted as of 3 PM on the last business day of the reporting period. All values assigned by the administrator and confirmed by the Managing Owner are final and conclusive as to all of Registrant’s unitholders.
As such, if actual results vary from estimates used, they are not anticipated to have a material impact on the financial statements and related disclosures.
Registrant records all investments at fair value in its financial statements, with changes in fair value reported as a component of Trading Profits (Losses) in the Statements of Operations. Generally, fair values are based on quoted market prices; however, in certain circumstances, significant judgments and estimates are involved in determining fair value in the absence of an active market closing price.
New Accounting Pronouncements
In July 2006, the Financial Accounting Standards Board (“FASB”) issued FASB Interpretation No. 48, “Accounting for Uncertainty in Income Taxes—an interpretation of FASB Statement No. 109” (“FIN 48”), which clarifies the accounting for uncertainty in tax positions. FIN 48 requires that Registrant recognize in its financial statements the impact of a tax position if that position is more likely than not of being sustained on audit based on the technical merits of the position. The provisions of FIN 48 were effective for fiscal years beginning after December 15, 2006, with the cumulative effect of the change in accounting principle recorded as an adjustment to opening retained earnings. The Managing Owner evaluated the impact of adopting FIN 48 on Registrant’s financial statements. In the Managing Owner’s opinion, the adoption of FIN 48 had no material impact on Registrant, as Registrant’s tax position is based on established tax precedence for the tax treatment of investment partnerships as flow through tax entities.
In September 2006, the FASB issued Statement of Financial Accounting Standards (“SFAS”) No. 157, “Fair Value Measurements”, which defines fair value, establishes a framework for measuring fair value, and expands disclosures about fair value measurements. The provisions of SFAS No. 157 are effective for fiscal years beginning after November 15, 2007. The Managing Owner is currently evaluating the impact of adopting SFAS No. 157 on Registrant’s financial statements. At this time, the impact to Registrant’s financial statements has not been determined.
In February 2007, the FASB issued SFAS No. 159, “The Fair Value Option for Financial Assets and Financial Liabilities”, including an amendment of SFAS 115, or SFAS 159. This statement provides companies with an option to report selected financial assets and liabilities at fair value. This statement is effective for fiscal years beginning after November 15, 2007 with early adoption permitted. The Managing Owner is currently evaluating the impact of adopting SFAS No. 159 on Registrant’s financial statements. At this time, the impact to Registrant’s financial statements has not been determined.
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Liquidity and Capital Resources
Registrant commenced operations on May 1, 1996 with gross proceeds of $12,686,200 allocated to commodities trading. Additional contributions raised through the continuous offering of limited interests (“Limited Interests”) and general interests (“General Interests” and, together with the Limited Interests, “Interests”) of beneficial ownership in Registrant through January 31, 1998 resulted in additional gross proceeds to Registrant of $51,242,700, including $375,000 of contributions from the Managing Owner. The continuous offering period expired on January 31, 1998.
For Third Quarter 2007, the nine months ended September 30, 2007 (“Year-To-Date 2007”), the three months ended September 30, 2006 (“Third Quarter 2006”) and the nine months ended September 30, 2006 (“Year-To-Date 2006”), there were no subscriptions of Limited Interests or General Interests.
Interests in Registrant may be redeemed on a monthly basis. Redemptions of Limited Interests for Third Quarter 2007, Year-To-Date 2007 and for the period from May 1, 1996 (commencement of operations) to September 30, 2007 were $492,128, $1,311,957 and $59,090,987, respectively. Redemptions of Limited Interests for Third Quarter 2006, Year-To-Date 2006 and for the period from May 1, 1996 (commencement of operations) to September 30, 2006 were $167,521, $572,669 and $57,570,895, respectively.
Redemptions of General Interests for Third Quarter 2007, Year-To-Date 2007 and for the period from May 1, 1996 (commencement of operations) to September 30, 2007 were $5,231, $11,911 and $483,040, respectively. Redemptions of General Interests for Third Quarter 2006, Year-To-Date 2006 and for the period from May 1, 1996 (commencement of operations) to September 30, 2006 were $3,214, $6,114 and $469,324, respectively.
Future redemptions will impact the amount of funds available for investment in commodity contracts or the Trading Vehicle in subsequent periods.
At September 30, 2007, 100.39% of Registrant’s net assets were allocated to commodities trading through its investment in the WCM Pool LLC. The clearing broker credits the Trading Vehicle (and, in turn, Registrant, as a member of the Trading Vehicle) with interest income earned on its accounts with the clearing broker during each month. The commodities contracts may be subject to periods of illiquidity because of market conditions, regulatory considerations and other reasons. For example, commodity exchanges limit fluctuations in certain commodity futures contract prices during a single day by regulations referred to as “daily limits.” During a single day, no trades may be executed at prices beyond the daily limit. Once the price of a futures contract for a particular commodity has increased or decreased by an amount equal to the daily limit, positions in the commodity can neither be taken nor liquidated unless traders are willing to effect trades at or within the limit. Commodity futures prices have occasionally moved the daily limit for several consecutive days with little or no trading. Such market conditions could prevent the Trading Vehicle (and, in turn, Registrant) from promptly liquidating its commodity futures positions.
Since Registrant’s business is to trade futures contracts (through its investment in the Trading Vehicle), its capital is at risk due to changes in the value of these contracts (market risk) or the inability of counterparties to perform under the terms of the contracts (credit risk). Registrant’s exposure to market risk is influenced by a number of factors including the volatility of interest rates and foreign currency exchange rates, the liquidity of the markets in which the contracts are traded and the relationships among the contracts held. The inherent uncertainty of Registrant’s speculative trading as well as the development of drastic market occurrences could result in losses considerably beyond Registrant’s experience to date and could ultimately lead to a loss of all of substantially all of investors’ capital. The Managing Owner attempts to minimize these risks by requiring Registrant, the Trading Vehicle and the Trading Advisor to abide by various trading limitations and policies, which include limiting margin amounts, trading only in liquid markets and permitting the use of stop loss provisions. See Note 6 to the financial statements for a further discussion on the credit and market risks associated with Registrant’s futures and forward contracts.
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Registrant does not have, nor does it expect to have, any capital assets.
Market Overview
Following is a market overview for Third Quarter 2007 and Third Quarter 2006:
Third Quarter 2007
Throughout the third quarter of 2007, subprime/credit concerns dominated the global economy with some forecasting a recession as a result. Former Fed Chairman Greenspan said the risk of inflation has increased, although he still put the odds of a recession below 50%. The crisis, or at least the paranoia surrounding it, seemed to worsen with each passing day during most of the quarter. In reaction, the US Federal Reserve (the “Fed”) cut rates in August and September. In general, pundits and economists approved of the Fed’s stance but a few saw it as highly inflationary and some a bailout of Wall Street.
On the economic data front, already dismal housing numbers only got worse during the quarter. Both housing starts and building permits fell to their lowest levels since 1995. Both existing and new home sales plunged. Inventories remained burdensome.
On the inflation front, the producer price index fell each month during the third quarter. Falling food and energy prices kept wholesale inflation in check. For the most part, producers still seem to be absorbing higher commodity costs without passing them to the consumer. The more closely watched consumer price index, the measure of a basket of consumer goods, fell slightly overall.
The most troubling economic data number released in the quarter was the August employment report that showed nonfarm payrolls contract for the first time since August of 2003. The unemployment rate held steady at 4.6%.
Volatile durable goods orders fell sharply in August after a larger gain in July. Retail sales were up during the past year, but consumer confidence numbers tended to weaken in September. However, the latest report on consumer spending showed the largest gain in two years.
Outside of the US, at the start of the quarter, both the Bank of England and the European Central Bank were forecast to raise rates. But by the end of September, the picture had changed dramatically. The Bank of England was forced to deal with the Northern Rock crisis. The European Central Bank had been seen as hawkish in their views, but the US rate cuts and some evidence of a slowing economic landscape, particularly in Germany, has some market participants looking for the maintenance of current levels. In the UK, LIBOR rose at the close of the quarter as Northern Rock borrowed more from the Bank of England and other banks were caught in something of a credit squeeze. The Bank of England engaged in unprecedented measures to add liquidity to the financial markets. LIBOR’s volatility continued into the fourth quarter.
Currencies: After mixed trading patterns, albeit with a downside bias, for much of July through mid-August, the dollar fell to record levels against the euro and British pound sterling in September. Overall, the dollar declined against 13 of the 16 major currencies in September, sending the dollar index to all-time lows. The euro’s share of global foreign exchange reserves rose to a record high in September. The euro also gained on the yen in September, after losing some ground in August. It was a rocky month for the pound to the euro, trading nearly at a 30-month low. The pound grew slightly on the dollar in September, but lower then the 25-year high set in July.
The yen ended the month lower then in previous months. A change in prime ministers as the disgraced Mr. Abe stood down had virtually no impact. Carry trade has lessened, but forecasts of its demise have proven premature. Regarding rates, the Bank of Japan held rates steady during the quarter. China saw a record trade surplus in August. The Chinese yuan continued its decline, albeit very gradual to the US dollar. High yield currencies such as the Canadian, Australian and New Zealand dollars had a strong third quarter. All of these currencies attracted fund and carry trade demand during the quarter.
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Energies: Crude oil entertained the global markets with a superior quarter, especially in the latter part of September. Prices very briefly traded below $70 in early August during the period of an overall commodity selling blitz, but it was essentially straight up from there. After touching an all time high in September, crude finished the quarter with a year to date gain of just over 17%. While political tensions were quiet in the third quarter, there seemed to be an increasing undercurrent toward quarter’s end. Nigerian unrest reasserted itself after a period of comparative calm. OPEC raised production at its most recent meeting but this drew limited reaction. Global demand, not surprisingly led by China, remains extremely buoyant. Weather/tropical storm factors had a minimal impact during the month.
Abundant supply and benign weather weighed on natural gas prices for much of the third quarter, but prices staged a solid rally in September and finished the quarter lessening its year-to-date loss to just over 16%. While there were no storms, there were enough precautionary shutdowns in September to turn the market around and the surge in crude aided sentiment. The potential for a La Niña weather pattern this winter could prove supportive in the fourth quarter, as this weather pattern typically leans to cold weather in the northeast. Despite being in the height of the hurricane season, there were no lasting supply interruptions to heating oil in the quarter. Reformulated gasoline prices ended the quarter lower. A lag in price relative to crude is the key reason prices at the pump have not risen in the face of surging crude. Overall supplies have been sufficient to meet demand.
Grains: Trepidation that wheat shortages might lead to tight supplies led to continued expansion in the third quarter, with an astounding 48% increase in the price of wheat. Behind the exploding wheat prices were the ongoing crop worries in Australia, the world’s largest exporter of wheat. Market participants worry that the high prices will have a spillover effect on the prices of other crops that can be planted on wheat acreage. Soybean prices similarly increased in the third quarter, up more than 25%. In addition to the supply side support, born of reduced acreage this past season at the hands of the agri-energy darling corn, the demand side of the equation has been equally influential, as overseas buying of beans, oil, and meal has been relentless. Global cotton consumption remains robust. Regarding the supply and demand equation, the financial allure to grow the crop may tempt farmers to plant additional acreage. Corn prices also rose dramatically in the third quarter. Supply and demand fundamentals indicated that the price fears created by the ethanol-induced glut of corn acreage may have subsided. As the price of competing crops wheat and beans moved sharply higher on the back of a demand-driven/supply-uncertain rally, corn prices rallied as it suddenly became a comparatively cheap substitute, especially as a feed grain.
Indices: It was a nervous and, at times, erratic trading quarter for US and global equities surrounding the credit crisis and subprime mortgage fallout. However, the US Fed’s aggressive move on September 18 was well received and helped end the quarter on a positive note for equities, despite weakness in some areas led by financials. The Dow Jones Industrial Average, the tech-heavy NASDAQ and the S&P 500 indices all finished higher for the quarter. For the most part, the third quarter had the major European bourses following the pattern of the US but with a slight trail and most finished lower on the quarter.
Equities soared in Asia, with the Hang Seng Index, Shanghai Composite, Kospi Index and Australian All Ordinaries setting record highs during the quarter. The Nikkei ended the quarter slightly below its second quarter close, due in large part to rate concerns, carry trade issues and political shifts.
Interest Rates: September proved an eventful month for US Treasuries as speculation abounded regarding what the Federal Reserve might, or might not, do. On September 18 the Fed voted to cut both the Fed Funds rate by 50 basis points to 4.75% and the discount rate by another 50 basis points to 5.25%. After the Fed move the yield curve showed significant steepening. The European Central Bank (“ECB”) held steady at the September meeting. While ECB President Jean Claude Trichet exhibited a somewhat “hawkish” rhetoric, the bank appears to many to be on hold through year-end, a change from a month ago when a rate increase appeared most probable. Market participants believe that the Bank of England (“BOE”), forced to deal with the Northern Rock crisis, may now be set to cut rates. LIBOR saw higher yields during September as Northern Rock borrowed more from the BOE and other banks were caught in something of a quarter-ending credit squeeze. There was no change by the Bank of Japan in September.
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Metals: Gold was a stellar performer during the quarter. After being subject to margin selling as related to sub prime/credit concerns, Japanese carry trades and a general flight to quality, gold resumed its role as an alternative asset with vengeance. The plunge in the US dollar against other major currencies and a pattern of lower global interest rates increased demand for the metal. Gold now appears to have returned to its traditional role as a monetary asset to go along with strong physical demand. Jewelry demand is also solid, despite high price points. Gold for December delivery finished September up over 12% year to date within the Dow Jones AIG Index.
While gold achieved 27-year highs, silver remains below its high level from earlier this year. Overall physical demand has been and continues to hold buoyant. After stumbling in August, platinum staged an impressive rally through the end of the quarter. China’s appetite for platinum has been exceptionally strong, as evidenced by the latest customs statistics. Platinum jewelry sales continue to be strong, including an over 50% increase in jewelry buying through August versus 2006 in China. Other Asian nations showed a net increase of over 15%. Labor tensions in South Africa supported both palladium and platinum prices, but the former lacked the aggressive Chinese interest and also saw minimal jewelry off-take.
Among base metals, the third quarter proved volatile for copper prices. The general commodity selling blitz in August took its toll on the red metal, but prices came back with a vengeance in September. Strong global demand, led by China, paved the way along with a series of labor disputes in Chile, Mexico and Peru. Like copper, aluminum prices fell in August, but were not able to recover in September. Year to date, aluminum prices are down over 13%. Nickel also fell in August, but managed a small reversal in September. Spot nickel demand has been buoyant, particularly from the Far East outside of Japan. Overall, global stainless steel demand has been decent. Zinc prices fell throughout the third quarter and are now down over 25% for the year to date. Lead prices ended the quarter up sharply higher as buoyant global demand has resulted in a production deficit, the sixth consecutive annual deficit. Tin prices saw an eighteen-year high in July, but ended the third quarter slightly lower.
Softs: Sugar prices were volatile during the quarter, but ended slightly higher to reduce its year-to-date loss to just under 20%. Coffee had been losing ground all year until it woke up in September and eased its year-to-date loss to just over 8%. Cocoa rallied late in the quarter. Declining US warehouse inventories have been supportive, along with reports of “black pod” disease in West Africa. The lingering threat of political unrest in the Ivory Coast persists. Cattle prices fell during the quarter. Korea rejected a third shipment of US beef due to mad-cow disease concerns. Hog prices fell to seventeen-month lows in the third quarter. The market remains dependent on strong Asian demand but China has proven to buy less than expected, making hogs a rare market in that regard.
Third Quarter 2006
The most prominent economic development during the third quarter of 2006 was the suspension of the Federal Reserve’s (“Fed”) long running rate hike cycle, which ended at the August meeting and was followed by a further pause at the September meeting. The Federal Reserve Open Market Committee (“FOMC”) statements from both meetings were very similar, with an expectation of slower economic growth and of “a gradual moderation in inflationary pressures over time, partially as a reflection of lower energy prices.” The Fed also anticipates the cumulative effects of monetary tightening to restrain aggregate demand.
Pursuant to these events, U.S. interest rates steadily declined throughout the quarter, particularly in September. U.S. Treasuries were aided by flight to quality, as market participants seemed nervous about geopolitical events and asset reallocation factors during the quarter, some of which came from liquidation of commodity holdings. Treasury auctions met with solid success and featured strong foreign demand.
On the economic data front, the housing market was the focus. After weak numbers in July and August, September housing starts fell 6% to 1.665 million units, the weakest since April 2003, and are now down 19.8% over the last 12 months. Housing permits, which tends to be a more forward looking economic indicator, fell 2.3% to 1.722 million in August and are down 21.9% over the past year. The news on new home sales and existing home sales was similar. Median sales prices for existing homes fell 1.7% to $225,000 in August, the first drop in 11 years. Home builders are not optimistic with the National Association of Home Builders reporting the lowest levels of builder sentiment in 15 years.
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Domestic inflation was tame throughout most of the period, even with crude oil and other industrial commodities jumping to historically high levels. The fact that commodity prices moderated, particularly oil and natural gas, at quarter’s end, adds to a fairly benign forward inflation outlook. The Fed continues to issue the required inflation concern statements, and the numbers remain above target on a year-on-year basis. However, rampant inflation seems unlikely in the U.S. on both a Consumer Price Index (“CPI”) and Producer Price Index (“PPI”) basis, the two most common measures of economic inflation.
Economic growth, as measured by Gross Domestic Product (“GDP”), was softer, as the second quarter release was revised downwards from 2.9% to 2.6%. Corporate profits remained healthy but were also lower during this quarter. The Consumer Confidence Index continued to show solid performance, with a reading of 104.5 in September versus 100.2 in August, as lower gasoline prices have helped consumers. While geopolitical and energy risks abound, the U.S. economy has consistently shown an ability to weather the worst of storms. The fact that the majority of the global economic community is doing well adds to the supportive landscape for the U.S.
On the foreign front, the overall picture remained constructive in the third quarter and looks reasonably strong across the board for Asia and Europe. China extended its ongoing growth with 11.3% GDP in the second quarter and some recent forecasts indicate that third and fourth quarter numbers might even be better. The Chinese yuan maintained its slow process of gains as it reached a high of 7.8965 to the U.S. dollar in September, the best level since the revaluation process was initiated. It is widely expected that the People Bank of China will gradually expand the trading band in coming months and at least gradually accelerate the revaluation process.
The Bank of Japan (“BOJ”) ended its “zero interest rate policy” in July with a rate hike to 0.25%. However, the Japanese economy is still expanding slowly, so no additional hikes are expected soon. The current situation surrounding North Korea has added to potential problems. Japanese equities saw a volatile quarter but in the end put in a strong performance, including a rise in the Nikkei to 16,127 at the end of the third quarter compared to 15,505 at the end of the second quarter. South Korea also saw its stock market and economy do well in the third quarter. The Kospi rose to 1,371 from 1,352 in August and 1,298 in July and was holding well as the North Korean nuclear situation remained in flux. The overall outlook for Asia as a whole appears quite positive. The coup in Thailand had virtually no impact on the Asian region’s economy or its currencies.
Australia also seems to be thriving with higher equity prices and an apparent end of their rate hike cycle after raising rates 25 basis points at the Reserve Bank’s August 2 meeting. With Canada doing well on the economic front, the Bank of Canada is similarly in pause mode. Meanwhile, the Bank of New Zealand indicated that they were finished raising rates in spite of risks to their currency.
In Europe, higher rates were noted as the European Central Bank (“ECB”) raised rates to the current 3.25%, and judging from the cautious language from ECB President Jean Claude Trichet, another increase could be in order before year-end. Eurozone economic data is mixed. The 10-year German Bund was yielding around 3.69% at quarter’s end compared to 3.90% to conclude the second quarter. The biggest surprise was a 25 basis point hike from the Bank of England (“BOE”) in August to 4.75% but that may well be the last for a while as U.K. economic numbers do not seem to justify additional moves in 2006. European equities put in a strong quarter with the DAX, CAC and FTSE near 5-year highs as October began.
Currencies:Uncertainty over interest rate policy in the four main industrial blocks affected currency moves in the third quarter, causing the U.S. dollar to trade unevenly against the euro, the Japanese yen and the British pound. The ECB did not alter rates in August or September but the language from ECB President Jean Claude Trichet continued to exhibit a cautious tone. The U.S. dollar was pressured by a growing perception that the Fed has concluded the rate hike cycle after no action at the August and September FOMC meetings. The euro was also inhibited by ideas that the U.S. economy is slowing. Meanwhile, European data has been mixed, leading to weaker than expected German business confidence readings. Talk of higher European Union interest rates and increased taxation were cited as reasons for the weakness. The British pound showed some strength in the third quarter, after the BOE unexpectedly raised rates 25 basis points to 4.75% on August 3.
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The Japanese yen weakened in early September, then firmed at mid-month, only to weaken again at month’s end. The prospect of very slow rate increases in Japan is a negative to the currency. The Japanese yen was briefly pressured by the coup in Thailand but this was short lived as the situation proved to be less unsettling than originally thought. After a brief halt, the Bank of Thailand told foreign currency dealers that they could resume normal trading of the Thai baht. Japan also saw a new Prime Minister in September as Shinzo Abe took over leadership of the ruling Liberal Party. He is expected to take a conservative view through year-end.
At the end of September, the Chinese yuan reached its highest level since last year’s revaluation. Australia raised rates by 25 points to 6.00% on August 2 but the accompanying statement indicated they were finished with increases for the year. Meanwhile the Bank of New Zealand indicated they were finished raising rates and warned that the New Zealand dollar might suffer as a result. The Canadian dollar maintained a firm tone throughout the third quarter although the Bank of Canada has indicated that it is finished raising rates for 2006.
Energies:The third quarter started with energy prices on an upswing as geopolitical factors, weather fears, concerns about the availability of reformulated gasoline and summer driving demand were all supportive. However, as the quarter developed, all of these concerned dissipated.
Geopolitical fears diminished, including the end of the Israel/Hezbollah crisis. Also, it became clear that there was not likely to be any interruption in Iranian supplies as Iran continues to stall negotiations on nuclear enrichment. Further, it appears that Russia, China and France will not support meaningful sanctions against Iran, leaving the U.S. on its own. With elections approaching in the U.S., the Bush administration is not likely to make any unilateral moves.
Underlying supply and demand fundamentals continue to lack any degree of physical tightness. OPEC maintained current production levels at its September 11 meeting, and recent rumors of an emergency meeting to consider production cuts in the face of the price decline, have proven premature. Moreover, increases in non-OPEC supplies, about 1.5 million barrels per day over last year, add to the bearish supply/demand scenario.
On the weather front, the hurricane season is nearly over, and preseason fears of numerous storms proved incorrect, as the season was one of the quietest in recent years.
On a year-to-date basis, following the third quarter sell-off, crude is down 9.23% within the DJ/AIG Index, unleaded gasoline has fallen 23.14%, heating oil showed a decline of 15.62% and natural gas plunged 67.47%.
Grains:Corn priced fluctuated during the quarter, peaking in early July and then falling off by quarter-end to match early springtime lows. During July, August and the first half of September, improved meteorological conditions across the Central United States erased problematic growing condition fears from the wheat market. As a result, values declined in the late summer to their lowest level since January 2005. Weather was an important factor for soybeans as well, and soybeans followed wheat’s price pattern closely in the third quarter, with soybean prices reaching their lowest level since February 2005. China is the main driver on the demand side. The ongoing improvements in the Chinese economy have resulted in a continued increase in the demand for poultry, beef and pork, by the rapidly expanding Chinese middle class. Similar to the pattern seen in the soybean market during the third quarter, the cotton market too, saw declining prices.
Indices:The third quarter proved to be a positive one for U.S. equities, as the Fed ended its string of 17 consecutive rate hikes and gave indications it was finished for the year and perhaps beyond. A pull back in energy prices and healthy consumer confidence and spending also lent support, while a solid run of earnings data and strength in big cap stocks was featured. Stocks were also aided by asset reallocation, including some out of commodities. In Europe, the third quarter proved even better than the U.S. The strength in U.S. equities was supportive along with some positive data, and the markets were able to
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shrug off rate hikes from the ECB and the BOE. European equities showed gains in all three months of the quarter, particularly in August and September. Asian equities, particularly Japan, had a volatile third quarter before finishing with a positive tone. In the end, solid economic data for much of the region along with money flow led to higher prices.
Interest Rates:The Fed followed the August pause that ended a streak of 17 consecutive rate hikes to 5.25% by holding steady at the September meeting. The FOMC statement varied little from the August commentary, as the Fed said it expects lower economic growth to reduce inflationary pressures. Treasury yields moved directionally lower during the quarter and bonds benefited from flight to quality and asset reallocation during the third quarter.
In foreign markets, the BOJ, the BOE, the ECB and the Reserve Bank of Australia all raised rates by 25 basis points during the third quarter. The Bank of China raised its base lending rate to 6.12% from 5.85% on August 19, and could raise it again before year-end. China’s strong 11.3% second quarter GDP growth lends to this probability. Meanwhile, the Bank of Canada and the New Zealand Reserve Bank made no rate changes during the quarter and the minutes from both indicated no additional moves this year.
Metals:Gold prices rallied in the early part of the quarter and then sold off before ending the third quarter on a strong note. While gold is still up 10.9% for the year, the quarter’s softness came on the back of general commodity malaise, lower energy prices and the less hectic geopolitical landscape. Silver prices briefly decoupled from gold during the early part of the quarter, but ended up following the same path eventually. The slide in gold prices impacted copper, but there was enough trade support to limit the sell-off. Labor news was also supportive throughout the quarter. However, copper is headed for a production surplus due to high levels of Chilean output. Additionally, there are concerns on the demand side as Chinese consumption has declined in 2006 and the U.S. housing market is depressed, both of which are weighing on sentiment. Aluminum has also been hurt recently by excess production capacity and indications of lessened Chinese consumption, but overall global demand is solid. As for zinc, the price rally that occurred in first half of 2006 ended in the third quarter. However, the sell-off was limited as zinc’s fundamentals, featuring a huge production deficit, are strong. Nickel put in an exceptionally strong performance in the third quarter, gaining 127%. Demand remains strong in the face of tight inventories, and production and labor concerns.
Softs:Sugar rallied strongly in the first quarter of 2006, traded sideways for much of the second quarter of 2006 and tumbled almost 30% in the third quarter of 2006, leading to a year-to-date loss of 28.97%. The same general commodity weakness affecting many other markets, weighed on sugar as well. Additionally, a well-respected analyst predicted that India’s 2006-2007 sugar crop might reach 27 million tonnes, vastly ahead of 21 million tonnes this season. Since Brazil, Russia, China, Thailand and the Ukraine are also expecting abundant crops, the result will be significant global surplus, which will offset a decline in EU output to 16.5 million tonnes from 21.9 million this year. As for ethanol-related demand, it has waned of late. After rebounding in August following three negative months, coffee showed a mild loss in September, taking the year-to-date loss to 10.71%. Prospects for an excellent Brazilian crop and the above mentioned general commodity malaise still weigh on sentiment. Cocoa is faced with ample supplies and continued favorable crop prospects.
Sector Performance
Due to the nature of Registrant’s trading activities, a period-to-period comparison of its trading results is not meaningful. However, a discussion of Registrant’s trading results for the major sectors in which Registrant traded for Third Quarter 2007 and Third Quarter 2006 are presented below.
Third Quarter 2007
Currencies: (+) The majority of gains were experienced in the U.S. dollar versus the euro, Canadian dollar and British pound. The majority of losses were experienced in the Japanese yen versus the euro and U.S dollar.
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Energies: (+) Gains were experienced in crude oil, gas oil, heating oil and natural gas. Losses were experienced in gasoline.
Grains: (+) Gains were made in canola oil, soybean oil, soybeans and wheat. Losses were experienced in corn and cotton.
Indices: (-)The majority of losses were experienced in the DJ Stoxx 50, the Nikkei and the S&P 500 indices.
Interest Rates: (+) The majority of gains were made in Eurodollar and U.S. 5-year and 10-year Treasury Notes. The majority of losses were experienced in Euribor and Short Sterling.
Meats: (+) Gains were experienced in cattle and hogs.
Metals: (-) Losses were experienced in aluminum, copper, nickel and zinc. Gains were made in gold, lead and platinum.
Softs: (-) Losses were experienced in cocoa, coffee and sugar.
Third Quarter 2006
Currencies: (-)Long positions in the Japanese yen resulted in a loss for the third quarter of 2006.
Energies: (-)The sector was down for the third quarter of 2006 on long positions in crude oil.
Grains: (+) The sector was positive for the third quarter of 2006 on short positions in soybean meal.
Indices: (+) Gains on long Dow Jones STOXX 50 and IBEX 35 positions were the primary contributors to profits for the quarter.
Interest Rates: (-)The interest rate sector was down for the third quarter in 2006. Short positions in the German Bund and U.S. Treasury Note contributed to the loss for the quarter.
Metals: (-) The sector was down during the third quarter of 2006 on long positions in both gold and aluminum.
Softs: (-)The sector was down for the third quarter of 2006 primarily due to short positions in coffee, and long and short positions in cocoa.
Results of Operations
The net asset value (“Net Asset Value”) per Interest as of September 30, 2007 was $108.98, an increase of 8.72% from the December 31, 2006 Net Asset Value per Interest of $100.24 and an increase of 2.11% from the June 30, 2007 Net Asset Value per Interest of $106.73. The Net Asset Value per Interest as of September 30, 2006 was $100.96, an increase of 1.61% from the December 31, 2005 Net Asset Value per Interest of $99.36 and a decrease of 6.57% from the June 30, 2006 Net Asset Value per Interest of $108.06.
Registrant’s trading gains before commissions and related fees during Third Quarter 2007 and Year-To-Date 2007 were approximately $174,000 and $734,000, respectively. Registrant’s trading gains (losses) before commissions and related fees during the Third Quarter 2006 and Year-To-Date 2006 were approximately $(337,000) and $340,000, respectively.
Registrant’s average net assets decreased during Third Quarter 2007 and Year-To-Date 2007 in comparison to the Third Quarter 2006 and Year-To-Date 2006 primarily due to the effect of redemptions. Registrant’s average net assets decreased for Third Quarter 2006 and Year-To-Date 2006 compared to Third Quarter 2005 and Year-To-Date 2005 due to the effect of redemptions.
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Interest income is earned on the Registrant’s accounts maintained with the clearing broker and the Registrant’s pro-rata allocation of interest from the Trading Vehicle at competitive interest rates and, therefore, varies monthly according to interest rates, trading performance and redemptions. Interest income during Third Quarter 2007 and Year-To-Date 2007 was approximately $47,000 and $158,000, respectively, a decrease of approximately $27,000 and $49,000, respectively, as compared to Third Quarter 2006 and Year-To-Date 2006, primarily due to decrease in average net asset value. Interest income during Third Quarter 2006 and Year-To-Date 2006 increased by approximately $33,000 and $82,000, respectively, as compared to Third Quarter 2005 and Year-To-Date 2005, primarily due to higher interest rates.
Commissions are calculated on Registrant’s Net Asset Value at the end of each month and therefore, vary according to monthly trading performance and redemptions. Other transaction fees consist of National Futures Association fees, exchange and clearing fees as well as floor brokerage costs and give-up charges, which are based on the number of trades the Trading Advisor executes, as well as which exchange, clearing firm or bank on, or through, which the contract is traded. Commissions and other transaction fees during Third Quarter 2007 and Year-To-Date 2007 were approximately $83,000 and $270,000, respectively, a decrease of approximately $26,000 and $67,000, respectively, as compared to Third Quarter 2006 and Year-To-Date 2006, primarily due to decrease in average net asset value. Commissions and other transaction fees during Third Quarter 2006 and Year-To-Date 2006 decreased by approximately $11,000 and $51,000, respectively, as compared to Third Quarter 2005 and Year-To-Date 2005, primarily due to a decrease in average net assets.
Management fees are calculated on the net asset value of Registrant’s investment in the Trading Vehicle and on investments managed by the Trading Advisor at the end of each month, and therefore, are affected by monthly trading performance and redemptions. Management fees during Third Quarter 2007 and Year-To-Date 2007 were approximately $23,000 and $86,000, respectively, an increase of approximately $3,000 and $22,000, respectively, as compared to Third Quarter 2006 and Year-To-Date 2006, primarily due to the Trading Advisor being paid at a higher management fee rate for 2007 as compared to 2006. Management fees during Third Quarter 2006 and Year-To-Date 2006 decreased by approximately $3,000 and $8,000, respectively, as compared to Third Quarter 2005 and Year-To-Date 2005, primarily due to a decrease in average net assets.
Incentive fees are based on the “New High Net Trading Profits” (as defined in the Advisory Agreement) generated by the Trading Advisor, are accrued monthly and are ultimately determined as of the close of business on the last business day of each calendar quarter. Incentive fees during Third Quarter 2007 and Year-To-Date 2007 were approximately $31,000 and $152,000, respectively. Incentive fees earned during Third Quarter 2006 and Year-To-Date 2006 were approximately $0 and $23,000, respectively.
Inflation
Inflation has had no material impact on the operations or on the financial condition of Registrant from inception through September 30, 2007.
Off-Balance Sheet Arrangements and Contractual Obligations
As of September 30, 2007, Registrant had not utilized special purpose entities to facilitate off-balance sheet financing arrangements and has no loan guarantee arrangements or off-balance sheet arrangements of any kind other than agreements entered into in the normal course of business, which may include indemnification provisions related to certain risks service providers, such as our accountants, undertake in performing services which are in the best interests of Registrant. While Registrant’s exposure under such indemnification provisions cannot be estimated, these general business indemnifications are not expected to have a material impact on Registrant’s financial position.
Registrant’s contractual obligations are with the Managing Owner and the Trading Vehicle and, as a result of its investment in the Trading Vehicle, with the Trading Advisor and the Trading Vehicle’s commodity broker. Management fees payable by the Registrant to the Trading Advisor and the Managing Owner are calculated as a fixed percentage of Registrant’s Net Asset Value. Incentive fees payable by
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the Trading Vehicle to the Trading Advisor are at a fixed rate, calculated as a percentage of the Trading Vehicle’s “New High Net Trading Profits”. As such, the Managing Owner cannot anticipate the amounts to be paid for futures period as Net Asset Values and “New High Net Trading Profits” are not known until a future date. Commissions payable to the Trading Vehicle’s commodity broker are based on a cost per executed trade and, as such, the Managing Owner cannot anticipate the amount that will be required under the brokerage agreement, as the level of executed trades are not known until a future date. These agreements are effective for one-year terms, renewable automatically for additional one-year terms unless terminated. Additionally, these agreements may be terminated by either party thereto for various reasons. For a further discussion of Registrant’s contractual obligations, see Notes 1, 3 and 4 to Registrant’s financial statements for the year ended December 31, 2006, which is filed as an exhibit to Registrant’s annual report on Form 10-K for the fiscal year ended December 31, 2006.
Item 3. | Quantitative and Qualitative Disclosures About Market Risk |
Information regarding quantitative and qualitative disclosures about market risk is not required pursuant to Item 305(e) of Regulation S-K.
Item 4. | Controls and Procedures |
As of the end of the period covered by this Report, the Managing Owner carried out an evaluation, under the supervision and with the participation of certain officers of the Managing Owner, including the Managing Owner’s Co-Chief Executive Officers and Director of Fund Administration (who, in these capacities, function as the Co-Chief Executive Officers and Principal Financial/Accounting Officer, respectively, of Registrant), of the design and operation of Registrant’s disclosure controls and procedures (as defined in Rule 13a-15(e) or Rule 15d-15(e) under the Securities and Exchange Act of 1934, as amended (the “Exchange Act”)). Based upon that evaluation, the Managing Owner’s Co-Chief Executive Officers and Director of Fund Administration concluded that Registrant’s disclosure controls and procedures are effective.
In designing and evaluating Registrant’s disclosure controls and procedures (as defined in Rules 13a-15(e) or 15d-15(e) of the Exchange Act), the Managing Owner recognizes that any controls and procedures, no matter how well designed and operated, can provide only reasonable assurances of achieving the desired control objectives, as Registrant’s are designed to do, and the Managing Owner necessarily was required to apply its judgment in evaluating the cost-benefit relationship of possible controls and procedures. Registrant believes that its disclosure controls and procedures provide such reasonable assurance.
There have not been any changes in Registrant’s internal controls over financial reporting (as defined in Rules 13a – 15(f) and 15d – 15(f) under the Exchange Act) during the fiscal quarter to which this Report relates that have materially affected, or are reasonably likely to materially affect, Registrant’s internal controls over financial reporting.
PART II – OTHER INFORMATION
There are no legal proceedings pending by or against Registrant or the Managing Owner, or to which Registrant or Managing Owner was a party during the period covered by this Report.
There have been no changes from risk factors as previously disclosed in Registrant’s Form 10-K for the fiscal year ended December 31, 2006.
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Item 2. | Unregistered Sales of Equity Securities and Use of Proceeds |
None
Item 3. | Defaults Upon Senior Securities |
None
Item 4. | Submission of Matters to a Vote of Security Holders |
None
None
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31.1 | | Certification pursuant to Exchange Act Rules 13a-14 and 15d-14 (filed herewith) |
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31.2 | | Certification pursuant to Exchange Act Rules 13a-14 and 15d-14 (filed herewith) |
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32.1 | | Certification pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (filed herewith) |
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32.2 | | Certification pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (filed herewith) |
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SIGNATURES
Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934 the Registrant has duly caused this Report to be signed on its behalf by the undersigned, thereunto duly authorized.
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FUTURES STRATEGIC TRUST | | |
| | | |
By: | | Preferred Investment Solutions Corp., | | | | |
| | its managing owner | | | | |
| | | | |
| | By: | | /s/ Kenneth A. Shewer | | | | Date: November 13, 2007 |
| | Name: | | Kenneth A. Shewer | | | | |
| | Title: | | Co-Chief Executive Officer | | | | |
| | | | (Principal Executive Officer) | | | | |
| | | | |
| | By: | | /s/ David K. Spohr | | | | Date: November 13, 2007 |
| | Name: | | David K. Spohr | | | | |
| | Title: | | Senior Vice President and Director of Fund Administration | | | | |
| | | | (Principal Financial/Accounting Officer) | | | | |