Stephen M. Quinlivan

Stephen M. Quinlivan

Stinson Leonard Street

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CFTC Report Indicates CFTC Botched Swap Dealer De Minimis Exemption

CFTC staff issued a preliminary report regarding the swap dealer de minimis exception. Under CFTC rules, market participants who exceed $8 billion in gross notional swap dealing activity over a twelve-month period are...more

11/19/2015 - CFTC De Minimus Quantity Exemption Dodd-Frank Financial Markets Swap Dealers

Banking Regulators Adopt End-User Exemption for Swap Margin Requirements

New Margin Requirements - The Board of Directors of the Federal Deposit Insurance Corporation approved a final rule to establish margin requirements for swaps that are not cleared through a clearinghouse. This action is...more

10/23/2015 - Banking Sector Banks CFTC Commodities Exchange Act Compliance Dodd-Frank Farm Credit Administration FDIC Federal Reserve FHFA Financial Institutions Financial Markets Hedge Funds Margin Requirements Obama Administration OCC Regulatory Agenda Risk Mitigation SEC Securities Exchange Act Swap Dealers Swaps Terrorism Insurance

CFTC Moves Against Bitcoin Transactions

In the space of just seven days, the CFTC has brought two enforcement actions regarding Bitcoin transactions. Coinflip, Inc. In the first action, the CFTC issued an order filing and simultaneously settling charges...more

9/25/2015 - Bitcoin CEA CFTC Commodities Commodities Exchange Act Cross-Border Transactions Financial Institutions Financial Markets Global Market GMAC Swap Execution Facilities Trading Platforms Virtual Currency

Kraft Moves to Dismiss Novel CFTC Manipulation Claim

The CFTC accused Kraft Food Groups, Inc. and former parent Mondelez Global LLC with manipulation pursuant to Section 6(c)(1) of the Commodities Exchange Act and Regulation 180.1 promulgated thereunder. Regulation 180.1 makes...more

6/2/2015 - CFTC Commodities Exchange Act Enforcement Actions Food Manufacturers Kraft Price Manipulation

CFTC Says Securitization SPVs Eligible for End-User Exception

The CFTC issued a no-action letter to Ford Motor Credit to clarify that a securitization special purpose vehicle, or SPV, that is wholly-owned by, and consolidated with, a captive finance company (as described in Section...more

5/4/2015 - CEA CFTC Financing Ford Motor No-Action Letters Securitization SPVs

CFTC Pushes Dodd-Frank Boundaries With Manipulation Case

In the first case of its kind, the CFTC has accused Kraft Food Groups, Inc. and former parent Mondelez Global LLC with manipulation pursuant to Section 6(c)(1) of the Commodities Exchange Act and Regulation 180.1 promulgated...more

4/6/2015 - CFTC Commodity Futures Contracts Kraft Price Manipulation Securities Exchange Act

CFTC Provides Chief Compliance Officers Additional Time to Submit Annual Reports

The CFTC’s Division of Swap Dealer and Intermediary Oversight issued a no-action letter to futures commission merchants, swap dealers and major swap participants, referred to as registrants, that provides relief from certain...more

3/30/2015 - Annual Reports CFTC Chief Compliance Officers FCMs Filing Deadlines Major Swap Participants Swap Dealers

CFTC’s Massad on End-Users

CFTC Chair Timothy G. Massad delivered a speech on the importance of providing flexibility in the CFTC’s regulations to accommodate hedging by commercial end-users of derivatives. Mr. Massad highlighted the following...more

2/27/2015 - CFTC Derivatives End-Users Hedging

End-Users Are Dodd-Frank Collateral Damage According To CFTC Commissioner

CFTC Commissioner J. Christopher Giancarlo recently delivered remarks where he stated “Unfortunately, caught up in some of the collateral damage surrounding the Dodd-Frank reforms were the traditional commodity and energy...more

1/30/2015 - CFTC Dodd-Frank End-Users Energy Sector Financial Regulatory Reform Market Participants Nonbank Firms Threshhold Requirements

ISDA Survey Finds End Users Uncertain About New Margin Requirements

Derivatives end users are concerned about the impact of new margin requirements for non-cleared derivatives, with a large number unsure whether they will even have to comply with the rules, according to a survey published by...more

1/7/2015 - CFTC Derivatives ISDA Margin Requirements Proposed Standards Swaps

Fed Issues Volcker Rule FAQs

The Federal Reserve Board has issued FAQs on the Volcker Rule set forth in Section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The FAQs mirror other FAQs issued by Office of the Comptroller of the...more

1/2/2015 - CFTC Dodd-Frank FDIC Federal Reserve OCC SEC Volcker Rule

Others May Seek Swap Reporting Delay Like Southwest

Reuters has an interesting article about a no-action letter the CFTC issued to Southwest Airlines to permit a 15 calendar day delay in reporting oil derivative transactions. Southwest apparently convinced the CFTC that rapid...more

12/23/2014 - Airlines CFTC Derivatives Hedges No-Action Letters Oil & Gas Reporting Requirements Southwest Airlines

CFTC Gives Treasury Affiliates More Relief From Clearing Requirements

The CFTC issued a no-action letter providing further relief for eligible treasury affiliates that enter into swaps that are subject to the clearing requirement in section 2(h)(1) of the Commodity Exchange Act, or CEA, and...more

12/1/2014 - CFTC Commodities Exchange Act FSOC No-Action Letters

CFTC Grants Family Offices Relief From Registration as Commodity Trading Advisors

The CFTC previously granted family offices no-action relief from registration as commodity pool operators. That letter did not provide an exemption from registration as a commodity trading advisor. However, the CFTC has...more

11/26/2014 - CFTC CPOs Family Offices Investment Adviser No-Action Letters No-Action Relief Registration

CFTC Eliminates Barrier to Hedge Funds Using JOBS Act General Solicitation

Many hedge funds have been reluctant to use general solicitation to offer securities because of the possibility it would be inconsistent from exemptions related to CPO (commodity pool operator) regulations administered by the...more

9/10/2014 - CFTC Commodity Pool CPO General Solicitation Hedge Funds JOBS Act

CFTC To Make First Whistleblower Award For $240,000 — But Why?

The CFTC has a whistleblower award program that is separate from, but somewhat similar to, the SEC’s whistleblower award program. Both are mandated by the Dodd-Frank Act. The CFTC has announced that the agency will...more

5/21/2014 - CFTC Dodd-Frank SEC Whistleblower Awards Whistleblowers

CFTC Provides No-Action Relief For Treasury Subsidiaries And Affiliates

Broc Romanek of recently described a member’s concerns that some companies were having on relying on the Dodd-Frank Act’s exemption for end-users for swaps entered into by treasury subsidiaries and...more

6/5/2013 - Affiliates CFTC Dodd-Frank End-Users No-Action Relief Subsidiaries Swaps

ECP Guarantor Provisions In Corporate Credit Agreements

Many corporate credit agreements are supported by subsidiary guarantees. Those guarantees often include not only the guaranty of the obligations under the credit agreement but also any related swap agreements. The CFTC has...more

4/30/2013 - CFTC Credit Agreements Eligible Contract Participant Guarantors Swap Agreements Swaps

ISDA: Be Ready For May 1 And Standard Swap Confirmation

By May 1, all counterparties must have provided their registered swap dealers with legal classifications and representations to allow the swap dealers to comply with the CFTC’s External Business Conduct Rule (EBCR). After the...more

4/24/2013 - CFTC Deadlines ISDA Swap Dealers Swaps

CFTC Commissioners Bicker About Budget And Performance Report

There continues to be significant public discord amongst the Commissioners at the CFTC. According to Commissioner Scott O’Malia “Given the vast deficit spending challenges this country is facing, I do not believe it is...more

4/15/2013 - CFTC Dodd-Frank Federal Budget Spending Cuts

CFTC Approves Final Regulations Governing Exemption From Required Clearing For Inter-Affiliate Swaps

The CFTC has issued a final rule to exempt swaps between certain affiliated entities within a corporate group from the clearing requirement under the Commodity Exchange Act, or CEA, and CFTC regulations. ...more

4/2/2013 - CFTC Commodities Exchange Act Mandatory Clearing Requirements Reporting Requirements Swap Data Repositories Swaps

CFTC Provides Relief For Partial Swap Terminations

The CFTC’s Division of Clearing and Risk has issued a no-action letter that provides relief from required clearing for a limited set of “stub swaps” that remain after the partial novation or partial termination of an original...more

3/25/2013 - CFTC Mandatory Clearing Requirements No-Action Relief Novation Stub Swaps Swaps Termination

CFTC Reminds All Swap Counterparties Of April 10 Deadline To Obtain A CICI Identifier

The Division of Market Oversight, or DMO, and Office of Data and Technology, or ODT of the CFTC have issued an advisory reminding all swap counterparties of the imminent April 10, 2013, deadline for each counterparty to...more

3/21/2013 - CFTC CICIs DMO Dodd-Frank Swaps

CFTC’s Initial Attempts At Data Collection Fail

Since the beginning of 2013, the CFTC has required certain market participants to report their interest rate and credit index swap trades to a swap data repository, or SDR. CFTC Commissioner Scott D. O’Malia recently...more

3/21/2013 - CFTC Data Collection Recordkeeping Requirements Reporting Requirements Swaps

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