News & Analysis as of

Clearing Agencies

Procopio, Cory, Hargreaves & Savitch LLP

Nasdaq’s 23/5 Trading Proposal: What Issuers Should Expect

Nasdaq has formally advanced its plan to extend U.S. equities trading to nearly 24 hours a day. On December 15, 2025, Nasdaq filed SR-NASDAQ-2025-106 with the U.S. Securities and Exchange Commission to introduce a new “Night...more

Sheppard Mullin Richter & Hampton LLP

SEC No-Action Letter Paves Way for Tokenization of Securities

The Securities and Exchange Commission (“SEC”) has issued a no-action letter to the Depository Trust Company (“DTC”) in connection with the registered clearing agency’s pilot blockchain-based securities tokenization program....more

Seward & Kissel LLP

Dawning of a New Era in Securities Trading: SEC Greenlights DTC’s Securities Tokenization Pilot Program

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On December 11, 2025, the U.S. Securities and Exchange Commission (the “SEC”) issued no-action relief(the “DTC Letter”) to The Depository Trust Company (“DTC”) permitting for three years the operation of a pilot version (the...more

Carlton Fields

SEC Staff No-Action Letter to DTC for Tokenization Services: The Coming 2026 Transformation of Trading Securities on a Blockchain

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On December 11, 2025, the Depository Trust Co. (DTC) received what could prove to be a landmark no-action letter from the staff of the Securities and Exchange Commission (SEC) Division of Trading and Markets. In that...more

A&O Shearman

BoE Publishes 2025 CCP Stress Test Results

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The Bank of England (BoE) has published its report on the results of its stress test of central counterparties (CCPs). The BoE conducts regular stress tests of UK CCPs to assess their financial resilience and identify...more

Morgan Lewis

Securities Enforcement Roundup – November 2025

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In this issue of our monthly Securities Enforcement Roundup, we highlight top securities enforcement developments from November 2025. In November 2025: The Division of Examinations of the Securities and Exchange Commission...more

BCLP

From “Gotcha” to Guidance: SEC’s 2026 Examination Priorities Emphasize Cooperation

BCLP on

On November 17, 2025, the Division of Examinations (the “Division”) of the U.S. Securities and Exchange Commission (the “SEC”) published its annual 2026 Examination Priorities (the “Exam Priorities”). The Exam Priorities are...more

Troutman Pepper Locke

SEC Division of Examination Announces Fiscal Year 2026 Priorities

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On November 17, 2025, the Securities and Exchange Commission’s (SEC) Division of Examination announced its fiscal year (FY) 2026 examination priorities. The most significant changes to the division’s priorities from FY 2025...more

Mayer Brown Free Writings + Perspectives

SEC Commissioner Uyeda Provides Update on Implementation of U.S. Treasury Clearing Rules

At the recent 2025 U.S. Treasury Market Conference, Securities and Exchange Commission (“SEC”) Commissioner Mark T. Uyeda provided an update on the implementation of the Treasury Clearing Rules. In his remarks, Commissioner...more

A&O Shearman

ESMA Final Draft RTS on CCP Authorisations, Extensions and Validations

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The European Securities and Markets Authority (ESMA) has published its final reports under the revised European Market Infrastructure Regulation (EMIR 3) on: (i) draft regulatory technical standards (RTS) on the conditions...more

Mayer Brown Free Writings + Perspectives

SEC Provides Updates on Implementation of Treasury Clearing Rules

On September 30, 2025, the Securities and Exchange Commission (“SEC”) issued a press release, providing updates to market participants on the progress of implementing the rules on central clearing of certain secondary market...more

Lowenstein Sandler LLP

The Thorny Path to Public Trading for Unlisted Companies

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* [co-authors: Dan Carter, and Jason Carter] Companies that “go public” through nontraditional means—i.e., without an initial public offering (IPO) listed on a national securities exchange—face significant challenges to...more

Mayer Brown Free Writings + Perspectives

SEC Staff Issues Guidance on Rule 15c3-3a and Treasury Clearing

On August 6, 2025, the Staff of the Division of Trading and Markets of the Securities and Exchange Commission (SEC) released an updated set of Frequently Asked Questions (FAQs) addressing the application of Rule 15c3-3a to...more

Morrison & Foerster LLP

Highlights of Recent CFTC Developments

The Commodity Futures Trading Commission (CFTC) recently announced several new staff letters and public statements with material consequences for legal and business professionals in the derivatives markets. In this alert, we...more

Eversheds Sutherland (US) LLP

CFTC issues no-action letter regarding CME’s listing of event contracts

On July 22, 2025, the Commodity Futures Trading Commission’s (CFTC) Division of Market Oversight and Division of Clearing and Risk issued a no-action letter (CFTC Letter No. 25-23) granting targeted regulatory relief to the...more

A&O Shearman

BoE outlines proposed approach to FMI rule permissions

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The Bank of England (BoE) has published a consultation paper on a draft statement of policy (SoP) outlining its proposed approach to permissions, waivers and supervisory processes for central counterparties (CCPs), systemic...more

A&O Shearman

EMIR 3: ESMA proposes clearing thresholds

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The European Securities and Markets Authority (ESMA) has published a consultation paper setting out draft regulatory technical standards (RTS) amending the RTS on the clearing thresholds (CTs) under the European Markets...more

A&O Shearman

International bodies report on effective practices for streamlining variation margin in centrally cleared markets

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The Committee on Payments and Market Infrastructures and the International Organization of Securities Commissions published a final report on examples of effective practices for streamlining variation margin in centrally...more

WilmerHale

SEC Amends the Customer Protection Rule to Require Daily Reserve Formula Computations for Large Clearing/Carrying Broker-Dealers

WilmerHale on

On December 20, 2024, the Securities and Exchange Commission (SEC) issued a final rule amending SEC rules 15c3-3 (the customer protection rule) and 15c3-1 (the net capital rule). The SEC also amended Form X-17A-5 Part II (the...more

A&O Shearman

SEC Adopts Clearing Requirement for U.S. Treasury Transactions

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On December 13, 2023, the Securities and Exchange Commission (the “SEC” or “Commission”) adopted rule amendments (the “Amendments”) under the Securities Exchange Act of 1934 that will, in effect, require direct participants...more

Cornerstone Research

SEC Enforcement of Cryptocurrency Reaches a New High

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More than 50% increase in SEC cryptocurrency-related enforcement actions in 2023 over 2022. The Securities and Exchange Commission (SEC) continues to view cryptocurrency-related enforcement as a top priority, bringing 46...more

The Rodman Law Group, LLC

The Corporate Transparency Act Reporting Exemptions

The Corporate Transparency Act mandates certain reporting requirements for beneficial ownership information for certain companies, with the goal of preventing the illicit use of anonymous shell companies for financial crimes....more

WilmerHale

SEC Adopts New Requirements for US Treasuries Clearing and Risk Management

WilmerHale on

On December 13, 2023, the Securities and Exchange Commission (SEC) voted (4-1) to adopt new requirements under the Securities Exchange Act of 1934 (Exchange Act), which will restructure the clearance and settlement of...more

Seward & Kissel LLP

Leash the Kraken: SEC Sues Kraken

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On November 20, 2023, the SEC filed a complaint in the United States District Court for the Northern District of California against Payward, Inc. and Payward Ventures, Inc. which, together, do business as Kraken. The...more

BCLP

SEC Division of Examinations Publishes 2024 Examination Priorities

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On October 16, 2023, the Division of Examinations (the “Division”) of the U.S. Securities and Exchange Commission (the “SEC”) published its annual Examination Priorities for 2024 (the “Exam Priorities”). Consistent with the...more

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