The United States District Court for the Northern District of California (the âCourtâ) recently held that a decentralized autonomous organization (DAO) could be served via its online forum. If upheld, this decision will have...more
On October 3, 2022, as lawmakers in the United States continue to debate which agencies should regulate crypto-based activities, the Financial Stability Oversight Council (FSOC) released its Report on Digital Asset Financial...more
11/3/2022
/ CFTC ,
Crypto Exchanges ,
Cryptoassets ,
Cryptocurrency ,
Digital Assets ,
Digital Currency ,
FDIC ,
Financial Institutions ,
Financial Markets ,
FSOC ,
Regulatory Oversight ,
Regulatory Oversight Committee ,
Securities and Exchange Commission (SEC)
The CFTC has adopted a final rule to prohibit the controversial practice of post-trade name give-up for swaps that are executed anonymously through a Swap Execution Facility (SEF) and are intended to be cleared. Although the...more
In the wake of considerable market criticism of prior proposals, the CFTC has proposed a new approach to addressing certain risks of electronic trading. The CFTC has now officially withdrawn, on a 3-2 vote, its controversial...more
The CFTC has recently published the following final and proposed rules codifying previously issued no action relief and restoring consumer information privacy policies and procedures...more
The Commodity Futures Trading Commission (the CFTC) has issued long-awaited final interpretive guidance regarding the âactual deliveryâ exception to retail commodity transactions involving digital or virtual currencies under...more
In the wake of significant market discussion, the CFTC has proposed an amendment to Part 37 of the Commissionâs regulations to eliminate the practice of âpost-trade name give-upâ for swaps traded on certain swap execution...more
3/10/2020
/ Amended Rules ,
CFTC ,
Commodities ,
Commodities Traders ,
Derivatives ,
Give-Up Release ,
Popular ,
Public Comment ,
Rulemaking Process ,
Swap Execution Facilities ,
Swaps
The Commodity Futures Trading Commission (CFTC) has issued three no-action letters providing relief for swap transactions (and amendments to swap transactions) in connection with the expected market transition from using the...more
2/19/2020
/ Alternative Reference Rates Committee (ARRC) ,
CFTC ,
De Minimus Quantity Exemption ,
Inter-Bank Offered Rates (IBORs) ,
Libor ,
Market Participants ,
No-Action Letters ,
No-Action Relief ,
Risk Free Rates (RFRs) ,
Swap Dealers ,
Swaps ,
Transitional Arrangements
As a further step towards the implementation of its security-based swap regime, the Securities and Exchange Commission (SEC) has adopted a number of long-awaited capital, margin and segregation requirements for security-based...more
11/14/2019
/ Broker-Dealer ,
Capital Requirements ,
CFTC ,
Dodd-Frank ,
Final Rules ,
Margin Requirements ,
MSBSPs ,
Securities and Exchange Commission (SEC) ,
Security-Based Swaps ,
Segregation Requirements ,
Swap Dealers
The Securities and Exchange Commission (SEC) continues to take steps toward implementation of its security-based swap (SBS) dealer registration framework. A particular area of concern for market participants has been how the...more
9/4/2019
/ CFTC ,
Cross-Border Transactions ,
Disqualification ,
Financial Regulatory Agencies ,
Financial Regulatory Reform ,
Foreign Financial Accounts ,
Market Participants ,
Registration Requirement ,
Regulatory Agenda ,
Rulemaking Process ,
Rules of Practice ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Security-Based Swaps ,
Swap Dealers ,
Threshold Requirements
The Commodity Futures Trading Commission (CFTC) has proposed a series of changes to its general regulations governing derivatives clearing organizations (DCOs). The CFTC has stated that the proposed amendments are intended to...more
The Commodity Futures Trading Commission (CFTC) has proposed the first installment of a series of amendments to its rules relating to swap data repositories (SDRs) and reporting of swap data. The proposed amendments, which...more
On March 6, 2019, the International Swaps and Derivatives Association (ISDA) published proposed amendments to the 2014 ISDA Credit Derivatives Definitions relating to so-called narrowly tailored credit events (NTCEs). ISDA...more
On February 12, 2019, the Commodity Futures Trading Commission (CFTC) published the 2019 examination priorities for its Division of Market Oversight (DMO), Division of Swap Dealer & Intermediary Oversight (DSIO) and Division...more
Toward the end of 2018, the Commodity Futures Trading Commission (CFTC) proposed significant revisions to the framework governing swap trading through swap execution facilities (SEFs) and designated contract markets (DCMs)....more
2/6/2019
/ CFTC ,
Comment Period ,
Commodity Exchange Act (CEA) ,
Designated Contract Markets (DCMs) ,
Dodd-Frank ,
Mandatory Clearing Requirements ,
Market Participants ,
Proposed Amendments ,
Registration Requirement ,
Regulatory Agenda ,
Regulatory Oversight ,
SEFs ,
Swap Clearing ,
Swaps
On April 26, 2018, Commodity Futures Trading Commission (CFTC) Chairman J. Christopher Giancarlo and Chief Economist Bruce Tuckman published a white paper on potential reforms to the CFTCâs swaps trading rules....more
This update serves to cover virtual currency regulatory developments over the past two months in the U.S., U.K. and EU. This follows our previous virtual currency regulatory updates as part of Shearman & Sterlingâs FinTech...more
In their testimony before the U. S. Senate Committee on Banking, Housing and Urban Affairs (the âCommitteeâ), Chairman Jay Clayton of the Securities and Exchange Commission (SEC) and Chairman J. Christopher Giancarlo of the...more
SEC/CFTC Statements -
In an op-ed published in the Wall Street Journal on January 24, 2018, Jay Clayton, the Chair of the US Securities and Exchange Commission (SEC), and J. Christopher Giancarlo, the Chair of the US...more
In this newsletter, we provide a snapshot of the principal US, European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers, asset managers and...more
11/21/2016
/ Anti-Money Laundering ,
Bank of England ,
Banking Sector ,
Basel Committee on Banking Supervision (BCBS) ,
CFTC ,
Credit Ratings ,
Cybersecurity ,
Department of Financial Services ,
EU ,
European Banking Authority (EBA) ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Federal Bank Regulatory Agencies ,
Federal Reserve ,
Financial Action Task Force ,
Financial Conduct Authority (FCA) ,
Financial Institutions ,
Financial Markets ,
FinCEN ,
FinTech ,
FSMA ,
HM Treasury ,
Mary Jo White ,
MiFID II ,
OCC ,
Prudential Regulation Authority (PRA) ,
Retail Banks ,
Ring-Fencing ,
Securities and Exchange Commission (SEC) ,
Suspicious Activity Reports (SARs) ,
Technical Standards ,
UK ,
Universal Proxy Cards
On May 24, 2016, the U.S. Commodity Futures Trading Commission (âCFTCâ) adopted a final rule defining the cross border application of its margin requirements for uncleared swaps. The final rule covers all swap dealers and...more
In this week's newsletter, we provide a snapshot of the principal US, European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers, asset...more
4/11/2016
/ Asset Management ,
Blockchain ,
CFTC ,
Corporate Governance ,
Cybersecurity ,
Economic Sanctions ,
EU ,
Federal Reserve ,
Industry Consolidation ,
Maxwellisation ,
Municipal Securities Issuers ,
Natural Gas ,
Remuneration ,
Stress Tests ,
UK
On April 4, 2016, the U.S. Commodity Futures Trading Commission (âCFTCâ) announced the issuance of a whistleblower award of more than $10 million for original information that it said led to a major enforcement action over...more
In this week's newsletter, we provide a snapshot of the principal US, European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers, asset...more
9/16/2015
/ Banking Sector ,
Bitcoin ,
Capital Markets ,
CFTC ,
Deposit Guarantee System ,
Depository Institutions ,
EU ,
European Banking Authority (EBA) ,
Financial Institutions ,
NFA ,
Payment Systems ,
Prudential Regulation Authority (PRA) ,
Registration Requirement ,
RMBS ,
Securities and Exchange Commission (SEC) ,
Swap Execution Facilities ,
Swaps
In this week's newsletter, we provide a snapshot of the principal US, European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers, asset...more
9/2/2015
/ Banking Sector ,
Capital Markets ,
Central Counterparties ,
CFTC ,
Corporate Governance ,
EU ,
European Central Bank ,
European Securities and Markets Authority (ESMA) ,
Financial Markets ,
Forex ,
IAIS ,
Liquidity ,
Market Participants ,
MiFID ,
NFA