SEC Adopts Cross-Border Security-Based Swap Rules

The SEC adopted final rules addressing when market participants engaging in cross-border transactions must register as security-based swap dealers or major security-based swap participants, as applicable.  Additionally, the rules address the SEC’s jurisdiction with respect to cross-border anti-fraud regulation.  The rules will be effective 60 days after their publication in the Federal Register, subject in certain cases to the completion of certain relevant subsequent rulemakings.  The SEC press release announcing the rulemaking action includes a fact sheet on the final rules.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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