News & Analysis as of

National Futures Association

Wiley Rein LLP

Appeals Court Rules Against ATF’s use of “Vague” and “Amorphous” Factors to Classify Firearms

Wiley Rein LLP on

In a case argued by Wiley attorneys on behalf of the Firearms Regulatory Accountability Coalition (FRAC), SB Tactical, B&T USA, and Richard Cicero, the Eighth Circuit issued a 2-1 opinion in FRAC v. Garland finding that the...more

Alston & Bird

CFTC Commissioner Warns That CCOs May Face Personal Liability

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Our Investment Funds Group reviews the implications of a Commodity Futures Trading Commission (CFTC) policy targeting chief compliance officers (CCOs) as individuals if their companies’ compliance programs fail....more

Newburn Law

Understanding Gun Trusts: A Comprehensive Guide For Firearm Owners

Newburn Law on

A gun trust is a specialized legal tool designed to help firearm owners manage and transfer firearms in compliance with federal and state laws. It provides a secure framework for owning, managing, and passing down firearms,...more

Dechert LLP

Registered CPOs and CTAs Must Take Action with NFA by October 2024

Dechert LLP on

Pursuant to new National Futures Association (NFA) Compliance Rule 2-52, Interpretive Notice 9082 and amendments to NFA Bylaw 301, for NFA membership filings, membership renewals and material updates made after October 15,...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Garland, Attorney General et al. v. Michael Cargill

On June 14, 2024, the U.S. Supreme Court decided Garland v. Cargill, holding that semi-automatic rifles equipped with bump stocks are not “machineguns” under the National Firearms Act of 1934, and the Bureau of Alcohol,...more

Rodemer Kane Attorneys at Law

How to Transfer a Gun to a Family Member in Colorado

Thinking about transferring a gun to a family member in Colorado? While online resources can offer general information, navigating firearms laws can be tricky. Consider consulting with a lawyer specializing in firearms law to...more

Katten Muchin Rosenman LLP

Recent DC Circuit Court of Appeals Case Brings FINRA to the Forefront of the SRO State Actor Controversy

A DC Circuit Court of Appeals challenge to a recent Financial Industry Regulatory Authority (FINRA) enforcement action brings into question whether FINRA should be held accountable to constitutional restrictions on state...more

Lowenstein Sandler LLP

Material Investment Management Developments and Template Annual Compliance Checklists for Registered Investment Advisers, Exempt...

Summaries of recent legislative and regulatory developments with respect to: •SEC’s 2022 Examination Priorities • Proposed Amendments to Form PF Requirements- •Proposed New Rules Applicable to Private Fund Advisers and...more

Morrison & Foerster LLP

Commodities Futures Trading Commission and National Futures Association Announce Enforcement Trends and Priorities

The Commodities Futures Trading Commission (CFTC) and the National Futures Association (NFA) have outlined a broad enforcement agenda that aims to address recent commodities marketplace trends....more

Alston & Bird

Investment Management, Trading & Markets Updates – December 2021

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NFA Adds Virtual Currency and Micro Contract Questions to Annual Questionnaire On December 6, 2021, the National Futures Association (NFA) released Notice I-21-42 to notify NFA members that new questions had been added to the...more

Katten Muchin Rosenman LLP

Corporate & Financial Weekly Digest, Featuring Articles on FINRA's 2021 Budget and Industry Spotlight and Dues Increases for NFA...

BROKER-DEALER - FINRA Publishes 2021 Industry Spotlight - On May 25, the Financial Industry Regulatory Authority (FINRA) published the 2021 FINRA Industry Spotlight (Industry Spotlight), which is FINRA’s annual...more

Dechert LLP

NFA Institutes New Operational Requirements for Members; Registered CPOs and CTAs Need to Take Action in Q3 and Q4 2021

Dechert LLP on

The National Futures Association has adopted two new operational requirements that will affect (among others) registered commodity pool operators and commodity trading advisors. Under new NFA Compliance Rule 2-50, as of...more

Katten Muchin Rosenman LLP

Corporate & Financial Weekly Digest, Featuring Articles on the Latest Guidance From the SEC on SPACs and a FINRA Reminder for...

SEC/CORPORATE - SEC Statements Regarding SPACs Address Warrants and Projections - Following the increase in the number of special purpose acquisition companies (SPACs) and the related business combinations between SPACs...more

Katten Muchin Rosenman LLP

Corporate & Financial Weekly Digest, Featuring Articles on CFTC Guidance for Futures Commission Merchants on Risk Assessments and...

BROKER-DEALER - 2021 Advisory Committee Overview and Engagement Notice - On March 26, the Financial Industry Regulatory Authority (FINRA) published a notice encouraging employees of member firms and other interested...more

Katten Muchin Rosenman LLP

Corporate & Financial Weekly Digest, Featuring Articles on SEC launches new website page on ESG investing and UK FCA launches new...

BROKER-DEALER - SEC Issues Amendments, Seeks Public Comment on Holding Foreign Companies Accountable Act - On March 24, the Securities and Exchange Commission adopted interim final amendments to implement...more

Katten Muchin Rosenman LLP

Corporate & Financial Weekly Digest, Featuring Articles on ESG and Climate-Risk Disclosure Initiatives from the SEC, CFTC European...

SEC/CORPORATE - Acting SEC Chair Lee Provides Public Statement Welcoming Public Comment on Climate Change Disclosures - On March 15, Acting Securities and Exchange Commission Chair Allison Herren Lee made a public...more

Katten Muchin Rosenman LLP

Corporate & Financial Weekly Digest, Featuring Articles on FINRA's new rules to address brokers with significant history of...

BROKER-DEALER - SEC Issues No Action Letter on Treatment of Reserved Powers Trust as Non-US Person by Non-US Investment Adviser for Registration Exemption - On March 5, the Securities Exchange Commission’s Division of...more

Katten Muchin Rosenman LLP

Corporate & Financial Weekly Digest, Featuring Articles on FINRA's Regulatory Notice on Policies and Procedures for Low-Priced...

SEC/CORPORATE - SEC Staff Releases Sample Comment Letter on Securities Offerings During Periods of Market and Price Volatility - On February 8, the staff of the SEC’s Division of Corporation Finance (the Staff)...more

Foley Hoag LLP

Reminder: Compliance Date for NFA's Swaps Proficiency Requirements is January 31, 2021

Foley Hoag LLP on

As a reminder, the compliance date for the National Futures Association’s (NFA) Swaps Proficiency Requirements is January 31, 2021. NFA Members with associated persons (AP) required to satisfy NFA's Swaps Proficiency...more

Orrick - Finance 20/20

CFTC Approves NFA’s Swap Dealer Capital Model Review Program

Orrick - Finance 20/20 on

On January 13, the Commodity Futures Trading Commission’s (CFTC) Market Participation Division determined that the National Futures Association’s (NFA) swap dealer capital model requirements and review program is comparable...more

Katten Muchin Rosenman LLP

Corporate & Financial Weekly Digest, Featuring Articles on SEC proposes amendments to Rule 144, Elad Roisman named Acting Chairman...

SEC/CORPORATE - SEC Proposes Rule 144 Tacking Amendments - On December 22, 2020, the Securities and Exchange Commission voted to propose amendments to Rule 144 under the Securities Act of 1933 (the Securities Act)...more

K&L Gates LLP

Swaps Compliance Training and Testing Due 31 January 2021

K&L Gates LLP on

INTRODUCTION- By a Notice to Members dated 5 January 2021, the National Futures Association (NFA), the self-regulatory organization for the U.S. derivatives industry, reminded NFA members that their associated persons who are...more

Katten Muchin Rosenman LLP

Corporate & Financial Weekly Digest, Featuring Articles on SEC Announces FinHub as Stand-Alone Office, CFTC Approves Final Rule...

BROKER-DEALER - SEC Adopts Rules to Modernize Infrastructure for NMS Market Data - On December 9, the Securities and Exchange Commission adopted final rules that aim to modernize the infrastructure related to the...more

Katten Muchin Rosenman LLP

Corporate & Financial Weekly Digest, Featuring Articles on the Latest C&DIs From the SEC and FCA Tools for Making the LIBOR...

SEC/CORPORATE - SEC Issues C&DI on Use of Form S-3 by SPACs - On September 21, the Division of Corporation Finance of the Securities and Exchange Commission issued a new Compliance and Disclosure Interpretation (C&DI)...more

UB Greensfelder LLP

New Ohio Law Protects Purchasers of Contaminated Property

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Purchasing contaminated property in Ohio became a little less risky this week. Purchasers can now obtain protection under both federal and state law from costly remediation orders imposed by the U.S. Environmental Protection...more

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