Guy Dempsey

Guy Dempsey

Katten Muchin Rosenman LLP

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Congress Provides Swap Clearing and Margin Exemption for Central Treasury Units

Section 705 of the Consolidated Appropriations Act, 2016, that was signed by President Obama on December 18, 2015, amends Section 2(h)(7)(D) of the Commodity Exchange Act and the equivalent provision in the Securities...more

1/13/2016 - Commodities Exchange Act Consolidated Appropriations Act Margin Requirements Non-Financial Firms Swap Clearing

Corporate and Financial Weekly Digest - Volume XI, Issue 1

SEC/CORPORATE - PCAOB Adopts New Rules Requiring Disclosure of Participants in an Audit - On December 15, 2015, the Public Company Accounting Oversight Board (PCAOB) adopted new rules and related amendments to...more

1/11/2016 - Banking Sector C&DIs Examination Priorities Fixing America’s Surface Transportation Act (FAST Act) M&A Brokers Pay-To-Play PCAOB Regulation Technical Standards (RTS) SEC

Proposed CFTC Regulation To Impact Algorithmic Trading and Traders

On November 25, 2015, the Commodity Futures Trading Commission (the "Commission" or the CFTC) proposed a comprehensive set of new rules ("Regulation AT") that, if adopted, potentially would impose many new obligations on most...more

12/16/2015 - Algorithmic Trading CFTC Designated Contract Market Financial Markets Trading Platforms

Questions and Answers Concerning the Final Prudential Regulator Margin Rules for Non-Cleared Swaps

BACKGROUND - The five US prudential regulators for swaps (the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve, the Comptroller of the Currency, the Farm Credit Administration and the...more

12/9/2015 - Covered Swap Entities (CSE) Financial Markets Margin Requirements Non-Cleared Swaps Swap Dealers

Highlights of the Final Prudential Regulator Margin Rules for Non-Cleared Swaps

The US prudential regulators (the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve, the Comptroller of the Currency, the Farm Credit Administration and the Federal Housing Finance Agency)...more

11/11/2015 - Final Rules Major Swap Participants Margin Requirements Non-Cleared Swaps Prudential Regulation Authority

Financial Regulators Adopt Final Margin Rules for Non-Cleared Swaps

On October 22, the US prudential regulators (the Federal Deposit Insurance Corporation, Board of Governors of the Federal Reserve, Comptroller of the Currency, Farm Credit Administration and Federal Housing Finance Agency)...more

10/28/2015 - Basel Committee Final Rules Major Swap Participants Margin Requirements Prudential Regulation Authority Swap Dealers Swaps Uncleared Swaps

Corporate and Financial Weekly Digest - Volume X, Issue 41

SEC/CORPORATE - SEC To Hold Forum on Small Business Capital Formation in November - On October 21, the Securities and Exchange Commission announced that it will hold its annual Government - Business Forum on Small...more

10/26/2015 - AML/CFT Banks Capital Formation Deposit Insurance ESMA EU European Banking Authority FDIC JOBS Act Margin Requirements Regulation Technical Standards (RTS) SEC Small Business Startups Uncleared Swaps

CFTC Announces Proposal to Amend the Definition of “Material Terms” for Purposes of Swap Portfolio Reconciliation

On September 15, the CFTC issued a notice of proposed rulemaking that sets out an amendment of the regulatory definition of “material terms” for purposes of swap portfolio reconciliation under CFTC Regulation 23.502. Under...more

9/22/2015 - CFTC NPRM Swaps

Corporate and Financial Weekly Digest - Volume X, Issue 36

BROKER-DEALER SEC - Extends Specified Temporary Relief Related to Security-Based Swaps - On September 15, the SEC issued an order extending temporary exemptions and exceptions from compliance with certain...more

9/21/2015 - BEA Broker-Dealer CFTC Derivatives ESMA EU Financial Conduct Authority (FCA) Investment Adviser Investment Companies SEC Securities Exchange Act Security-Based Swaps UK

SEC Adopts Registration Rules for Security-Based Swap Dealers and Major Security-Based Swap Participants

On August 5, the Securities and Exchange Commission adopted new registration rules for security-based swap dealers and major security-based swap participants (SBS entities). In general, an SBS entity would register by filing...more

8/12/2015 - Associated Persons Chief Compliance Officers EDGAR Major Swap Participants Registration Requirement SEC Security-Based Swaps Swap Dealers Swaps

Corporate & Financial Weekly Digest - Volume X, Issue 30

SEC Finalizes Rule on Pay Ratio Disclosure - On August 5, the Securities and Exchange Commission adopted the final rule regarding pay ratio disclosure that amends Item 402 of Regulation S-K to implement Section 953(b)...more

8/10/2015 - Broker-Dealer Derivatives Clearing Organizations Disclosure Requirements ESMA EU FINRA Greece NASD Pay Ratio Proxy Access Rule Regulation S-K SEC UK

CFTC Proposes Rule on Margin Requirements for Uncleared Swaps in Cross-Border Transactions

On June 29, the Commodity Futures Trading Commission proposed a rule that is intended to clarify the extent to which covered swap entities must comply with CFTC’s margin rules for uncleared swaps in cross-border transactions....more

7/15/2015 - CFTC Counterparties Cross-Border Transactions Dodd-Frank Major Swap Participants Margin Requirements Proposed Regulation Swap Dealers

Corporate & Financial Weekly Digest - Volume X, Issue 26

In this issue: - SEC Seeks Comment on Possible Enhancement of Audit Committee Disclosures - SEC Proposes Rule Requiring Executive Compensation Clawbacks - FINRA Requests Comment on Revised Discretionary...more

7/13/2015 - Audit Committee CFTC Clawbacks Cross-Border Enforcement Actions ESMA FINRA Futures Greece Hong Kong Margin Requirements MiFID II SEC Swaps

New York BitLicense Regulations Virtually Certain to Significantly Impact Transactions in Virtual Currencies

The New York State Department of Financial Services (NYDFS) recently issued its final BitLicense regulations with respect to Bitcoin and other virtual currencies. The new regulations require the licensing of, and establish...more

7/9/2015 - Bitcoin BitLicense BSA/AML Capital Requirements Compliance Cybersecurity Entrepreneurs Financial Institutions New Regulations Startups Venture Capital Virtual Currency

BEA Filing Deadline Looms For US Persons With Foreign Affiliates

Every five years, the US Department of Commerce's Bureau of Economic Analysis (BEA) conducts a survey concerning the extent of investment abroad by US individuals and entities (US persons). In the past, only US persons...more

5/27/2015 - BEA Foreign Affiliates Foreign Direct Investment Reporting Requirements

SEC Proposes Rules for Security-based Swap Activity of Non-US Persons in the United States

On April 29, the Securities and Exchange Commission (SEC) proposed some additional rules for security-based swaps (SBS) that reflect a firm belief (shared by the Commodity Futures Trading Commission) that derivatives activity...more

5/12/2015 - Derivatives Major Swap Participants Non-US Entities Proposed Regulation SEC Security-Based Swaps Swap Dealers

Corporate & Financial Weekly Digest - Volume X, Issue 18

In this issue: - SEC Proposes Rules for Security-based Swap Activity of Non-US Persons in the United States - FINRA Proposes Exemption From the TAF for Proprietary Trading Firms - SEC Approves Pilot to...more

5/11/2015 - Broker-Dealer Captive Insurance Company CFTC Class Action Commodities ESMA FINRA MiFID Proprietary Trading SEC Security-Based Swaps Small Offering Exemptions SPVs Urban Outfitters

CFTC Issues Relief to Swap Dealers Regarding Legacy SPV Swaps

The Division of Swap Dealer and Intermediary Oversight (DSIO) of the Commodity Futures Trading Commission has issued no-action relief to swap dealers (SDs) from certain business conduct standards in dealing with...more

4/7/2015 - CFTC DSIO Legacy Funds No-Action Relief SPVs Swap Dealers

Corporate & Financial Weekly Digest - Volume X, Issue 13

In This Issue: - CFTC Extends Portfolio Margining on ICE Clear Europe - CFTC Extends CCO Report Filing Deadline - CFTC Issues Relief to Swap Dealers Regarding Legacy SPV Swaps - CME Updates Order...more

4/6/2015 - Annual Reports CFTC Chief Compliance Officers Class Action CME DSIO ESMA FCMs Filing Deadlines KBR (formerly Kellogg Brown & Root) Major Swap Participants Order Routing SEC SPVs Whistleblowers

Global Regulators Push Back Margin Requirements for Non-cleared Derivatives

On March 18, the Basel Committee on Banking Supervision and the International Organization of Securities Commissions (IOSCO) published a “final” policy framework that establishes minimum global standards for margin...more

3/26/2015 - Basel Committee Derivatives IOSCO Margin Requirements Regulatory Standards

Corporate & Financial Weekly Digest - Volume X, Issue 11

In This Issue: - Delaware Proposal Banning Fee-Shifting and Permitting Exclusive Forum Provisions - SEC Charges Insiders for Failure to Update Schedule 13D Disclosures - CBOE Proposes Amendments to...more

3/23/2015 - AML/CFT Bylaws CFTC Criminal Background Checks Cybersecurity Delaware General Corporation Law Derivatives Disclosure Requirements Exclusive Forum FATCA Fee-Shifting FinCEN Hong Kong Insider Trading Regulation SHO SEC

New Volcker Guidance Helps Non-US Banks

The five US financial regulators that are responsible for implementation of Section 13 of the Bank Holding company Act of 1956 (Volcker Rule) have added new guidance in the form of an addition to their list of Frequently...more

3/12/2015 - Bank Holding Company Act Covered Funds Foreign Banks New Guidance Prudential Regulation Authority Volcker Rule

Corporate and Financial Weekly Digest - Volume X, Issue 9

In this issue: - Meeting of the SEC Advisory Committee on Small and Emerging Companies - Financial Action Task Force Publishes Updated List of Deficient Jurisdictions - CFTC to Host Roundtable on...more

3/9/2015 - CFTC Cybersecurity Destruction of Evidence EU FATF Foreign Banks Jurisdiction Risk Alert Sarbanes-Oxley SCOTUS SEC Small Business Volcker Rule

SEC Publishes Rules for Reporting Security-Based Swaps

On February 11, the Securities and Exchange Commission published the texts for two final rules and one proposed rule relating to the reporting of security-based swaps (SBS) that were adopted by the SEC in a meeting on January...more

2/18/2015 - CFTC Dodd-Frank Final Rules Proposed Regulation Reporting Requirements SEC Security-Based Swaps

Corporate and Financial Weekly Digest - Volume X, Issue 6

In this issue: - SEC Publishes Rules for Reporting Security-Based Swaps - SEC Proposes Rules for Disclosure of Companies’ Hedging Policies - CFTC Extends Relief From Certain OCR Requirements - NFA...more

2/17/2015 - Arbitration Banking Sector Banks Bribery Brokered Deposits Capital Requirements CFTC Clawbacks FDIC Haiti Hedging NFA OCC SEC Security-Based Swaps Subordination

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