; or (B) nonprofit, voluntary membership, general farm organization, that provides advice on the sale or purchase of any commodity specifically set forth in section 2(a) of this Act before the enactment of the Commodity Futures Trading Commission Act of 1974. (2) Charitable organization Subsection (a) shall not apply to any commodity trading advisor or commodity pool operator that is— (A) a charitable organization, as defined in section 3(c)(10)(D) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3(c)(10)(D) ), or a trustee, director, officer, employee, or volunteer of such a charitable organization acting within the scope of the employment or duties of the person with the organization, whose advisory or pool activities are conducted only on behalf of, or with respect to, one or more of— (i) any such charitable organization; or (ii) an investment trust, syndicate, or similar form of enterprise excluded from the definition of investment company pursuant to section 3(c)(10) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3(c)(10) ), or the trustees, administrators, settlors (or potential settlors), or beneficiaries of the foregoing