This Client Alert White Paper serves as a comprehensive guide to the new rule, which largely supersedes prior CFTC guidance that had informed market practice for over seven years.
Key Points:
..The new rule became...more
The launch of the Protocol and the Supplement represents a key landmark in the transition away from IBORs but is not a one-stop solution.
Key Points:
..The Protocol and the Supplement, which take effect on January 25,...more
The relief removes regulatory obstacles and provides additional flexibility for market participants.
On August 31, 2020, three divisions of the US Commodity Futures Trading Commission (CFTC) issued revised no-action...more
The long-awaited guidance clarifies the application of the “actual delivery” exception to leveraged virtual currency transactions with retail purchasers.
Earlier this year, the US Commodity Futures Trading Commission...more
In the face of pandemic-related disruptions, CFTC staff have relieved exchanges, dealers, intermediaries, and other market participants from certain compliance requirements.
Last week, the US Commodity Futures Trading...more
The self-regulatory organization responds to the US derivatives market’s shift to remote working arrangements.
As the novel coronavirus outbreak (COVID-19) continues to spread across the globe, causing various disruptions,...more
Product innovation (including in pooled investment vehicles) is encouraged, but innovation must be consistent with the law.
The US Commodity Futures Trading Commission’s (CFTC’s) Division of Swap Dealer and Intermediary...more
3/5/2020
/ CFTC ,
Commodity Exchange Act (CEA) ,
CPOs ,
Derivatives ,
Digital Assets ,
Disclosure Requirements ,
DSIO ,
Enforcement Actions ,
Futures ,
National Futures Association ,
Pooled Investment Vehicles ,
Regulatory Violations
While not unlimited, the relief is welcome for counterparties seeking to transition to risk-free rates for legacy swaps.
The US Commodity Futures Trading Commission (CFTC) has issued no-action relief to help market...more
1/24/2020
/ CFTC ,
Derivatives ,
DMO ,
DSIO ,
Inter-Bank Offered Rates (IBORs) ,
Libor ,
Market Participants ,
No-Action Relief ,
SEFs ,
Swap Clearing ,
Swap Dealers ,
Swaps
EMIR REFIT came into force on 17 June 2019, helping to level the playing field between the EU and the US.
Key Points:
..Alternative investment funds will bear the brunt of the changes as EMIR REFIT closes an exemption...more
The NFA has implemented requirements that all swap associated persons take and pass a swap proficiency examination by January 31, 2021.
Key Points:
..As of January 31, 2021, all swap associated persons will need to take...more
The CFTC’s proposal would largely codify existing exemptive, interpretive, and no-action relief in response to Project KISS market feedback.
The US Commodity Futures Trading Commission (CFTC) has proposed amendments to its...more
The NFA will soon require CPO, CTA, FCM, and IB member firms to provide various disclosures warning investors of virtual currency spot and derivatives trading risks.
New disclosure requirements warning customers,...more
How should broker-dealers, investment advisers, and other registered firms in the US, UK, and Hong Kong address cryptocurrencies in their compliance programs?
Originally published on bloombergbna.com on April 16,...more
Summary of private equity firms’ compliance obligations, discussion of notable developments in 2017, and outlook for 2018.
US federal laws and regulations, as well as the rules of self-regulatory organizations (SROs),...more
The proposed interpretation would further clarify the CFTC’s jurisdiction over virtual currency platforms that facilitate retail commodity transactions.
On December 15, 2017, the US Commodity Futures Trading Commission...more
A roadmap through the various regulations and tax implications can help ensure a successful offering.
Non-US private equity sponsors frequently seek to market their funds to US institutional investors. However, the...more
Mirroring existing SEC authority, the CFTC’s proposal would allow it to impose sanctions for retaliation against whistleblowers.
On August 30, 2016, the US Commodity Futures Trading Commission (CFTC) published proposed...more
The action reflects the CFTC’s expanded jurisdiction and provides further clarity on what constitutes “actual delivery” in cryptocurrency trading.
On June 2, 2016, the US Commodity Futures Trading Commission (CFTC)...more
In the almost six years since the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), the US Commodity Futures Trading Commission (CFTC) has, in large part, finalized its rulemakings...more
3/2/2016
/ Aggregation Rules ,
CFTC ,
Derivatives ,
Dodd-Frank ,
Energy Sector ,
Margin Requirements ,
Position Limits ,
Recordkeeping Requirements ,
Reporting Requirements ,
Swaps ,
Trade Options ,
Uncleared Swaps
The CFTC provides the market additional time to submit Form TO while considering further amendments to trade option reporting rules.
On February 18, 2016, the US Commodity Futures Trading Commission's (the CFTC) Division...more
While the US gears up for compliance with uncleared swap margin rules, cross-border application of the CFTC rules remains unclear.
The US Commodity Futures Trading Commission (the CFTC) finalized its margin requirements...more
2/22/2016
/ CFTC ,
Cross-Border ,
Derivatives ,
EMIR ,
EU ,
Margin Requirements ,
Market Participants ,
Prudential Regulation Authority (PRA) ,
Securities and Exchange Commission (SEC) ,
Swaps ,
Uncleared Swaps
The proposal would place restrictions on certain investment funds to limit their use of derivatives and require certain risk management procedures.
On December 11, 2015, the US Securities and Exchange Commission (SEC)...more
Assessing the practical implications of derivatives regulations for investment advisers and investment funds of: position limits and aggregation rules, uncleared swaps margin rules, etc.
Since the enactment of the...more
While the rules provide some clarity, the global market still awaits the finalization of the CFTC and the European margin rules.
With the clock ticking on the countdown to finalization of uncleared swap margin rules...more
The CFTC has proposed rules that would define the reach of Dodd-Frank Act margin requirements in cross-border swap transactions.
On June 29, 2015, the US Commodity Futures Trading Commission (CFTC) proposed regulations...more