Eligibility requirements for a WeatherBill account
In order to create an account with WeatherBill, you must
meet several eligibility requirements. They are listed as follows.
You must be acting for your own account.
You must be based in the United States, Canada, United Kingdom,
Germany, Spain, Norway, or The Netherlands.
You must meet the definition of "Eligible Contract Participant". We
have made it simple for you to determine if you qualify as an ECP -
when you
register for an
account
you will be asked several questions that will determine
your eligibility.
The term "eligible contract participant" means
(A) acting for its own account
(i) a financial institution;
(ii) an insurance company that is regulated by a State, or that is
regulated by a foreign government and is subject to comparable
regulation as determined by the Commission, including a regulated
subsidiary or affiliate of such an insurance company;
(iii) an investment company subject to regulation under the
Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) or a
foreign person performing a similar role or function subject as
such to foreign regulation (regardless of whether each investor in
the investment company or the foreign person is itself an eligible
contract participant);
(iv) a commodity pool that:
(I) has total assets exceeding $5,000,000; and
(II) is formed and operated by a person subject to regulation under
this chapter or a foreign person performing a similar role or
function subject as such to foreign regulation (regardless of
whether each investor in the commodity pool or the foreign
person is itself an eligible contract participant);
(v) a corporation, partnership, proprietorship, organization,
trust, or other entity:
(I) that has total assets exceeding $10,000,000;
(II) the obligations of which under an agreement, contract, or
transaction are guaranteed or otherwise supported by a letter of
credit or keepwell, support, or other agreement by an entity
described in subclause (I), in clause (i), (ii), (iii), (iv),
or (vii), or in subparagraph (C); or
(III) that:
(aa) has a net worth exceeding $1,000,000; and
(bb) enters into an agreement, contract, or transaction in
connection with the conduct of the entity:s business or to manage
the risk associated with an asset or liability owned or incurred
or reasonably likely to be owned or incurred by the entity in
the conduct of the entity's business;
(vi) an employee benefit plan subject to the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1001 et seq.), a
governmental employee benefit plan, or a foreign person
performing a similar role or function subject as such to
foreign regulation:
(I) that has total assets exceeding $5,000,000; or
(II) the investment decisions of which are made by:
(aa) an investment adviser or commodity trading advisor subject
to regulation under the Investment Advisers Act of 1940
(15 U.S.C. 80b-1 et seq.) or this chapter;
(bb) a foreign person performing a similar role or function
subject as such to foreign regulation;
(cc) a financial institution; or
(dd) an insurance company described in clause (ii), or a
regulated subsidiary or affiliate of such an insurance company;
(vii)
(I) a governmental entity (including the United States, a State,
or a foreign government) or political subdivision of a
governmental entity;
(II) a multinational or supranational government entity; or
(III) an instrumentality, agency, or department of an entity
described in subclause (I) or (II);
except that such term does not include an entity, instrumentality,
agency, or department referred to in subclause (I) or (III) of
this clause unless (aa) the entity, instrumentality, agency,
or department is a person described in clause (i), (ii), or
(iii) of paragraph (11)(A) of this section; (bb) the entity,
instrumentality, agency, or department owns and invests on a
discretionary basis $25,000,000 or more in investments; or
(cc) the agreement, contract, or transaction is offered by, and
entered into with, an entity that is listed in any of subclauses (I)
through (VI) of section 2 (c)(2)(B)(ii) of this title;
(viii)
(I) a broker or dealer subject to regulation under the Securities
Exchange Act of 1934 (15 U.S.C. 78a et seq.) or a foreign person
performing a similar role or function subject as such to foreign
regulation, except that, if the broker or dealer or foreign person
is a natural person or proprietorship, the broker or dealer or
foreign person shall not be considered to be an eligible contract
participant unless the broker or dealer or foreign person also
meets the requirements of clause (v) or (xi);
(II) an associated person of a registered broker or dealer
concerning the financial or securities activities of which the
registered person makes and keeps records under section 15C(b)
or 17(h) of the Securities Exchange Act of 1934 (15 U.S.C. 78o-5
(b), 78q (h));
(III) an investment bank holding company (as defined in section
17(i) of the Securities Exchange Act of 1934 (15 U.S.C. 78q (i)); [1]
(ix) a futures commission merchant subject to regulation under this
chapter or a foreign person performing a similar role or function
subject as such to foreign regulation, except that, if the futures
commission merchant or foreign person is a natural person or
proprietorship, the futures commission merchant or foreign person
shall not be considered to be an eligible contract participant
unless the futures commission merchant or foreign person also meets
the requirements of clause (v) or (xi);
(x) a floor broker or floor trader subject to regulation under this
chapter in connection with any transaction that takes place on or
through the facilities of a registered entity or an exempt board of
trade, or any affiliate thereof, on which such person regularly
trades; or
(xi) an individual who has total assets in an amount in excess of:
(I) $10,000,000; or
(II) $5,000,000 and who enters into the agreement, contract, or
transaction in order to manage the risk associated with an asset
owned or liability incurred, or reasonably likely to be owned or
incurred, by the individual;
(B)
(i) a person described in clause (i), (ii), (iv), (v), (viii),
(ix), or (x) of subparagraph (A) or in subparagraph (C), acting as
broker or performing an equivalent agency function on behalf of
another person described in subparagraph (A) or (C); or
(ii) an investment adviser subject to regulation under the
Investment Advisers Act of 1940 [15 U.S.C. 80b-1 et seq.], a
commodity trading advisor subject to regulation under this chapter,
a foreign person performing a similar role or function subject as
such to foreign regulation, or a person described in clause (i),
(ii), (iv), (v), (viii), (ix), or (x) of subparagraph (A) or in
subparagraph (C), in any such case acting as investment manager
or fiduciary (but excluding a person acting as broker or
performing an equivalent agency function) for another person
described in subparagraph (A) or (C) and who is authorized by
such person to commit such person to the transaction; or
(C) any other person that the Commission determines to be eligible
in light of the financial or other qualifications of the person.