Kevin M. Foley

Kevin M. Foley

Katten Muchin Rosenman LLP

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Corporate and Financial Weekly Digest - Volume XI, Issue 33

SEC/CORPORATE - SEC Seeks Public Comment on Disclosure Requirements of Subpart 400 of Regulation S-K - On August 25, the Securities and Exchange Commission announced that it is seeking public comment on the issues...more

8/29/2016 - Comment Period Committee on Payments and Market Infrastructure (CPMI) International Harmonization IOSCO MiFID II MiFIR Regulation S-K Security-Based Swaps SEFs

CFTC Proposes To Allow Designated Contract Markets and Swap Execution Facilities To Recognize Certain Hedging and Spread Positions...

On May 26, the Commodity Futures Trading Commission (CFTC) proposed amendments to its previously proposed rules related to speculative position limits on 28 core referenced futures contracts (the "2016 Amendment"). If...more

6/7/2016 - CFTC Hedging Position Limits Proposed Amendments SEFs

CFTC Issues No Action Relief for EU-Based DCOs Authorized to Operate in EU

Following on a joint statement by the Commodity Futures Trading Commission and European Commission announcing a common approach to the regulation of central counterparties (CCPs), the CFTC published a comparability...more

3/22/2016 - Central Counterparties CFTC Derivatives Clearing Organizations EMIR EU No-Action Relief

CFTC Extends No Action Relief for SEFs With Respect to Certain Uncleared Swaps Transactions

The Commodity Futures Trading Commission’s Division of Market Oversight has extended previously granted relief for Swap Execution Facilities (SEFs) with respect to requirements for certain transactions in uncleared swaps....more

3/22/2016 - CFTC No-Action Letters SEFs Uncleared Swaps

NFA To Review Initial Margin Models for SDs and MSPs

National Futures Association (NFA) has issued a notice reminding its swap dealer (SD) and major swap participant (MSP) members of their obligations under the new uncleared swap margin requirements adopted by the Commodity...more

3/15/2016 - Major Swap Participants Margin Requirements NFA Risk-Based Approaches Swap Dealers

NFA Issues Notice Regarding Cybersecurity Self-Examination Questionnaire

On February 29, National Futures Association (NFA) issued Interpretive Notice I-16-10, which notifies member firms about the addition of a cybersecurity section to NFA’s Self-Examination Questionnaire. This section is...more

3/8/2016 - Cybersecurity Information Systems Security Program (ISSP) NFA

CFTC Grants Relief for End Users from Trade Option Filing Requirements

The Commodity Futures Trading Commission’s Division of Market Oversight (DMO) has issued CFTC Letter No. 16-10, which provides temporary no-action relief from certain trade option reporting requirements to market participants...more

2/24/2016 - CFTC Exemptions Major Swap Participants No-Action Relief Swap Dealers

CFTC Designates NFA as SDR Data Recipient

The Commodity Futures Trading Commission has issued an order authorizing National Futures Association (NFA) as a designee of the CFTC for purposes of receiving direct electronic access to swap data repository (SDR) data. All...more

2/24/2016 - CFTC NFA Swap Data Repositories

CFTC Grants Relief to Certain Non-U.S. Intermediaries

The Commodity Futures Trading Commission’s Division of Swap Dealer and Intermediary Oversight (DSIO) has granted no-action relief to certain intermediaries located outside the United States. As background, CFTC Regulation...more

2/24/2016 - CFTC CPOs Exemptions No-Action Relief Registration Requirement

FINRA Files Proposed Rule Requiring Registration of Associated Persons Who Design or Develop Algorithmic Trading Strategies

The Financial Industry Regulatory Authority (FINRA) has filed with the Securities and Exchange Commission (SEC) a proposed rule change that would require the registration of associated persons of FINRA member firms who are...more

2/19/2016 - Algorithmic Trading FINRA NASD Proposed Regulation Registration Requirement

CFTC’s Energy and Environmental Markets Advisory Committee To Hold Public Meeting

The Commodity Futures Trading Commission’s Energy and Environmental Markets Advisory Committee (EEMAC) will hold a public meeting on February 25. Topics to be addressed are: (1) the EEMAC’s report detailing its 2015...more

2/17/2016 - CFTC Commodities Exchange Act Public Meetings Swap Dealers

European Commission and CFTC Announce Harmonized Approach to CCPs

On February 10, the Commodity Futures Trading Commission and the European Commission (EC) announced that they had reached an agreement on a harmonized approach to central clearing counterparties (CCPs). The agreement ensures...more

2/16/2016 - Central Counterparties CFTC EU European Commission Market Participants

NFA Issues Notice Regarding Swap Valuation Dispute Notices

On February 2, National Futures Association (NFA) issued Notice I-16-07, which implements an order previously issued by the Commodity Futures Trading Commission authorizing NFA to receive notices of swap valuation disputes...more

2/9/2016 - CFTC Major Swap Participants NFA Swap Dealers Valuation

Extension of Time-Limited, Conditional No-Action Relief Regarding Masking Certain Reportable Identifying Information

On January 15, the Commodity Futures Trading Commission’s Division of Market Oversight (DMO) issued CFTC letter 16-03 (“Letter”) providing a conditional, time-limited extension of the relief provided in CFTC Letter 13-41,...more

1/27/2016 - CFTC Data Privacy No-Action Relief Reporting Requirements Swaps

CFTC Launches Whistleblower Program’s Website

On January 21, the Commodity Futures Trading Commission launched its Whistleblower Program’s new website, www.whistleblower.gov. The new website has a user-friendly interface to help educate the public regarding the...more

1/27/2016 - CFTC Commodities Exchange Act Websites Whistleblowers

CFTC Issues Order Delegating to the NFA Certain Functions Related to Notices of Swap Valuation Disputes

The Commodity Futures Trading Commission has authorized the National Futures Association (NFA) to receive, review, maintain and serve as the official custodian of records for notices of swap valuation disputes in excess of US...more

1/27/2016 - CFTC Custodian of Records Major Swap Participants NFA Swap Dealers

CFTC Issues No-Action Relief From the Swap Clearing Requirements for Small Bank Holding Companies, Small Savings and Loan Holding...

On January 8, the Division of Clearing and Risk (Division) of the Commodity Futures Trading Commission issued no-action relief from the swap clearing requirements of Section 2(h)(1)(A) of the Commodity Exchange Act to certain...more

1/19/2016 - Bank Holding Company CFTC Federal Savings Associations No-Action Relief Swap Clearing

NFA Revises SD and MSP 4s Review Process

National Futures Association (NFA) has revised its review process for swap dealer (SD) and major swap participant (MSP) applications under Section 4s of the Commodity Exchange Act. Effective immediately, SDs and MSPs are no...more

1/14/2016 - Commodities Exchange Act Major Swap Participants NFA Swap Dealers

CFTC Proposes Alternative to Fingerprinting Requirement for Foreign Individuals

The Commodity Futures Trading Commission has proposed to amend Regulation 3.21 to provide an exemption for the fingerprinting requirements for an individual who is a principal or associated person of a registrant, if such...more

1/13/2016 - CFTC Criminal Background Checks Exemptions Fingerprints Foreign Nationals

CFTC Requests Comment on Draft Technical Specifications for Swap Data

The staff of the Commodity Futures Trading Commission has published for comment draft technical specifications for certain swap data elements, including data that are currently reportable under Part 45 of CFTC Regulations as...more

1/13/2016 - CFTC Comment Period Swaps Technical Standards

CFTC Reminds SDs and MSPs of Swap Reporting Obligations

The Division of Swap Dealer and Intermediary Oversight of the Commodity Futures Trading Commission has issued an advisory to remind swap dealers (SDs) and major swap participants (MSPs) of their swap data reporting...more

1/13/2016 - Major Swap Participants Reporting Requirements Swap Dealers

CFTC Provides Relief to SEFs From Audit Trail Requirements Related to Post-Trade Allocation Information

The Division of Market Oversight of the Commodity Futures Trading Commission has issued temporary no-action relief to swap execution facilities (SEFs) from certain audit trail requirements related to post-trade allocations....more

1/13/2016 - Allocation of Funds Audit Reports CFTC No-Action Relief SEFs

CFTC Amends Recordkeeping Rules

The Commodity Futures Trading Commission has amended Regulation 1.35(a) to ease recordkeeping obligations for certain entities with respect to commodity interest transactions and related cash or forward transactions....more

1/13/2016 - Amended Regulation CFTC DCMs Recordkeeping Requirements SEFs

Foreign Listed Stock Index Futures and Options Approval Chart January 2016

Please find below the updated Foreign Listed Stock Index Futures and Options Approvals Chart, current as of January 2016. All prior versions are superseded and should be discarded. Please note the following developments since...more

1/11/2016 - CFTC Foreign Investment Foreign Private Issuers

CFTC Proposes Cybersecurity Testing for DCOs, DCMs, SEFs and SDRs

The Commodity Futures Trading Commission has proposed rules that would require all derivatives clearing organizations (DCOs), swap data repositories (SDRs), designated contract markets (DCMs) and swap execution facilities...more

12/22/2015 - CFTC Cybersecurity Derivatives Clearing Organizations Designated Contract Market SEFs Swap Data Repositories

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