UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): April 11, 2018
ASPECT FUTURESACCESS LLC
(Exact name of registrant as specified in its charter)
| Delaware | 0-51085 | 20-1227650 |
(State or other jurisdiction
of incorporation) | (Commission File Number) | (IRS Employer
Identification No.) |
c/o Merrill Lynch Alternative Investments LLC
250 Vesey Street, 11th Floor
New York, NY 10281
(Address and Zip Code of principal executive offices)
Registrant’s telephone number, including area code: (609) 274-5838
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
| ☐ | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
| ☐ | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| ☐ | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
| ☐ | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Item 5.03. Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year.
(a) Aspect FuturesAccess LLC (the “Registrant”) has been governed and operated pursuant to its Fifth Amended and Restated Limited Liability Company Operating Agreement dated as of November 30, 2012, as amended by Amendments dated as of September 30, 2013, March 31, 2015, August 30, 2017, October 12, 2017 and January 19, 2018 (the “Operating Agreement”). Merrill Lynch Alternative Investments LLC is the sponsor and manager (the “Sponsor”) of the Registrant. Capitalized terms used herein have the respective meanings set forth in the Operating Agreement unless otherwise defined.
(1) On April 11, 2018 the Sponsor adopted an amendment to the Operating Agreement (the “Amendment”). The effective date of the Amendment is April 9, 2018. The Amendment and the Operating Agreement are being filed as exhibits.
(2) The Amendment revised the Operating Agreement provisions regarding the Sponsor’s deposit of the Registrant’s cash. The Amendment provides that the cash may deposited in interest bearing and non-interest bearing accounts. The Amendment removes reference to the following as alternatives for the deposit or investment of cash: margin, discretionary and cash management accounts, money market funds, treasury bills or other short-term interest bearing instruments.
Item 9.01. Financial Statements and Exhibits.
| 3.02(i) | Amendment dated April 11, 2018 to the Fifth Amended and Restated Limited Liability Company Operating Agreement of Aspect FuturesAccess LLC |
| 3.02(ii) | Amendment dated January 19, 2018 to the Fifth Amended and Restated Limited Liability Company Operating Agreement of Aspect FuturesAccess LL |
| 3.02(iii) | Amendment dated October 12, 2017 to the Fifth Amended and Restated Limited Liability Company Operating Agreement of Aspect FuturesAccess LLC |
| 3.02(iv) | Amendment dated August 30, 2017 to the Fifth Amended and Restated Limited Liability Company Operating Agreement of Aspect FuturesAccess LLC. |
| 3.02(v) | Amendment dated March 31, 2015 to the Fifth Amended and Restated Limited Liability Company Operating Agreement of Aspect FuturesAccess LLC. |
| 3.02(vi) | Amendment dated September 30, 2013 to the Fifth Amended and Restated Limited Liability Company Operating Agreement of Aspect FuturesAccess LLC. |
| 3.02(vii) | Fifth Amended and Restated Limited Liability Company Operating Agreement of Aspect FuturesAccess LLC dated as of November 30, 2012. |
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| | ASPECT FUTURESACCESS LLC | |
| | | | |
| | By: | Merrill Lynch Alternative Investments LLC, its manager | |
| | | | |
| | By: | /s/ Barbra E. Kocsis | |
| | | Name: Barbra E. Kocsis | |
| | | Title: Chief Financial Officer | |
| | | | |
Date: April 17, 2018
