Definitions - Mixed Swaps - Security-Based Swap Agreement Recordkeeping (Us Securities and Exchange Commission Regulation) (Sec) (2018 Edition) PDF Download
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Author: The Law Library
Publisher: Independently Published
ISBN: 9781794677524
Category : Law
Languages : en
Pages : 372
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Book Description
The Law Library presents the complete text of the Definitions - Mixed Swaps - Security-Based Swap Agreement Recordkeeping (US Securities and Exchange Commission Regulation) (SEC) (2018 Edition). Updated as of May 29, 2018 In accordance with section 712(a)(8), section 712(d)(1), sections 712(d)(2)(B) and (C), sections 721(b) and (c), and section 761(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank Act"), the Commodity Futures Trading Commission ("CFTC") and the Securities and Exchange Commission ("SEC") (collectively, "Commissions"), in consultation with the Board of Governors of the Federal Reserve System ("Board"), are jointly adopting new rules and interpretations under the Commodity Exchange Act ("CEA") and the Securities Exchange Act of 1934 ("Exchange Act") to further define the terms "swap," "security-based swap," and "security-based swap agreement" (collectively, "Product Definitions"); regarding "mixed swaps;" and governing books and records with respect to "security-based swap agreements." The CFTC requests comment on its interpretation concerning forwards with embedded volumetric optionality, contained in Section II.B.2.(b)(ii) of this release. This ebook contains: - The complete text of the Definitions - Mixed Swaps - Security-Based Swap Agreement Recordkeeping (US Securities and Exchange Commission Regulation) (SEC) (2018 Edition) - A dynamic table of content linking to each section - A table of contents in introduction presenting a general overview of the structure
Author: The Law Library
Publisher: Independently Published
ISBN: 9781794677524
Category : Law
Languages : en
Pages : 372
Get Book Here
Book Description
The Law Library presents the complete text of the Definitions - Mixed Swaps - Security-Based Swap Agreement Recordkeeping (US Securities and Exchange Commission Regulation) (SEC) (2018 Edition). Updated as of May 29, 2018 In accordance with section 712(a)(8), section 712(d)(1), sections 712(d)(2)(B) and (C), sections 721(b) and (c), and section 761(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank Act"), the Commodity Futures Trading Commission ("CFTC") and the Securities and Exchange Commission ("SEC") (collectively, "Commissions"), in consultation with the Board of Governors of the Federal Reserve System ("Board"), are jointly adopting new rules and interpretations under the Commodity Exchange Act ("CEA") and the Securities Exchange Act of 1934 ("Exchange Act") to further define the terms "swap," "security-based swap," and "security-based swap agreement" (collectively, "Product Definitions"); regarding "mixed swaps;" and governing books and records with respect to "security-based swap agreements." The CFTC requests comment on its interpretation concerning forwards with embedded volumetric optionality, contained in Section II.B.2.(b)(ii) of this release. This ebook contains: - The complete text of the Definitions - Mixed Swaps - Security-Based Swap Agreement Recordkeeping (US Securities and Exchange Commission Regulation) (SEC) (2018 Edition) - A dynamic table of content linking to each section - A table of contents in introduction presenting a general overview of the structure
Author: The Law The Law Library
Publisher: Createspace Independent Publishing Platform
ISBN: 9781721056699
Category :
Languages : en
Pages : 56
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Book Description
Definitions (US Commodity Futures Trading Commission Regulation) (CFTC) (2018 Edition) The Law Library presents the complete text of the Definitions (US Commodity Futures Trading Commission Regulation) (CFTC) (2018 Edition). Updated as of May 29, 2018 The Commodity Futures Trading Commission (the "Commission") is amending its primary definitions regulation to make it more user-friendly both to industry and the public. Specifically, the Commission is amending the primary definitions regulation to replace the complex and confusing lettering system with a simple alphabetical list; and replacing all existing cross references to any definition within the primary definitions regulation with a general reference to the revised alphabetical list, rather than to a specific lettered paragraph. This book contains: - The complete text of the Definitions (US Commodity Futures Trading Commission Regulation) (CFTC) (2018 Edition) - A table of contents with the page number of each section
Author: The Law Library
Publisher: Independently Published
ISBN: 9781794295377
Category : Law
Languages : en
Pages : 402
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Book Description
The Law Library presents the complete text of the Definitions - Swap Dealer, Security-Based Swap Dealer, Major Swap Participant, Major Security-Based Swap Participant and Eligible Contract Participant (US Securities and Exchange Commission Regulation) (SEC) (2018 Edition). Updated as of May 29, 2018 In accordance with the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 ("Dodd-Frank Act"), the Commodity Futures Trading Commission ("CFTC") and the Securities and Exchange Commission ("SEC") (collectively, the "Commissions"), in consultation with the Board of Governors of the Federal Reserve System ("Board"), are adopting new rules and interpretive guidance under the Commodity Exchange Act ("CEA"), and the Securities Exchange Act of 1934 ("Exchange Act"), to further define the terms "swap dealer," "security-based swap dealer," "major swap participant," "major security-based swap participant," and "eligible contract participant." This ebook contains: - The complete text of the Definitions - Swap Dealer, Security-Based Swap Dealer, Major Swap Participant, Major Security-Based Swap Participant and Eligible Contract Participant (US Securities and Exchange Commission Regulation) (SEC) (2018 Edition) - A dynamic table of content linking to each section - A table of contents in introduction presenting a general overview of the structure
Author: The Law The Law Library
Publisher: Createspace Independent Publishing Platform
ISBN: 9781721623501
Category :
Languages : en
Pages : 72
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Book Description
Swap Data Recordkeeping and Reporting Requirements - Pre-Enactment and Transition Swaps (US Commodity Futures Trading Commission Regulation) (CFTC) (2018 Edition) The Law Library presents the complete text of the Swap Data Recordkeeping and Reporting Requirements - Pre-Enactment and Transition Swaps (US Commodity Futures Trading Commission Regulation) (CFTC) (2018 Edition). Updated as of May 29, 2018 The Commodity Futures Trading Commission ("Commission" or "CFTC") is adopting rules to further implement the Commodity Exchange Act ("CEA" or "Act") with respect to the new statutory framework regarding swap data recordkeeping and reporting established by the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank Act"). The Dodd-Frank Act, which amended the CEA, directs that rules adopted by the Commission shall provide for the reporting of data relating to swaps entered into before the date of enactment of the Dodd-Frank Act, the terms of which have not expired as of the date of enactment of the Dodd-Frank Act ("pre-enactment swaps") and data relating to swaps entered into on or after the date of enactment of the Dodd-Frank Act and prior to the compliance date specified in the Commission's final swap data reporting rules ("transition swaps"). These final rules establish swap data recordkeeping and reporting requirements for pre-enactment swaps and transition swaps. This book contains: - The complete text of the Swap Data Recordkeeping and Reporting Requirements - Pre-Enactment and Transition Swaps (US Commodity Futures Trading Commission Regulation) (CFTC) (2018 Edition) - A table of contents with the page number of each section
Author: The Law The Law Library
Publisher: Createspace Independent Publishing Platform
ISBN: 9781720958772
Category :
Languages : en
Pages : 30
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Book Description
Agricultural Swaps (US Commodity Futures Trading Commission Regulation) (CFTC) (2018 Edition) The Law Library presents the complete text of the Agricultural Swaps (US Commodity Futures Trading Commission Regulation) (CFTC) (2018 Edition). Updated as of May 29, 2018 The Commodity Futures Trading Commission ("Commission" or "CFTC") is charged with proposing rules to implement new statutory provisions enacted by Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank Act"). The Dodd-Frank Act provides that swaps in an agricultural commodity (as defined by the Commission) are prohibited unless entered into pursuant to a rule, regulation or order of the Commission adopted pursuant to certain provisions of the Commodity Exchange Act ("CEA" or "Act"). On February 3, 2011, the Commission requested comment on a set of proposed rules that would, among other things, implement regulations whereby swaps in agricultural commodities may transact subject to the same rules as all other swaps. The proposed rules for swaps in an agricultural commodity would repeal and replace the Commission's current regulations concerning the exemption of swap agreements. After reviewing the comments submitted in response to the proposed rules, the Commission has determined to issue these final rules for swaps in an agricultural commodity in the form as originally proposed. The February 3, 2011, proposed rules also included provisions that would substantially amend the Commission's regulations regarding commodity option transactions. However, in this final rule the Commission is only issuing the rules for swaps in an agricultural commodity. The proposed rules for commodity option transactions will be addressed at a later date. This book contains: - The complete text of the Agricultural Swaps (US Commodity Futures Trading Commission Regulation) (CFTC) (2018 Edition) - A table of contents with the page number of each section
Author: The Law The Law Library
Publisher: Createspace Independent Publishing Platform
ISBN: 9781720937142
Category :
Languages : en
Pages : 46
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Book Description
Adaptation of Regulations to Incorporate Swaps - Records of Transactions (US Commodity Futures Trading Commission Regulation) (CFTC) (2018 Edition) The Law Library presents the complete text of the Adaptation of Regulations to Incorporate Swaps - Records of Transactions (US Commodity Futures Trading Commission Regulation) (CFTC) (2018 Edition). Updated as of May 29, 2018 The Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank Act" or "DFA") established a comprehensive new statutory framework for swaps and security-based swaps. The Dodd-Frank Act repeals some sections of the Commodity Exchange Act ("CEA" or "Act"), amends others, and adds a number of new provisions. The DFA also requires the Commodity Futures Trading Commission ("CFTC" or "Commission") to promulgate a number of rules to implement the new framework. The Commission has proposed and finalized numerous rules to satisfy its obligations under the DFA. This final rulemaking makes certain conforming amendments to recordkeeping provisions of regulations 1.31 and 1.35(a) to integrate these regulations more fully with the new framework created by the Dodd-Frank Act. (1) This final rulemaking requires futures commission merchants ("FCMs"), certain introducing brokers ("IBs"), retail foreign exchange dealers ("RFEDs") and certain other registrants that are members of designated contract markets ("DCMs") or swap execution facilities ("SEFs") to record all oral communications provided or received concerning quotes, solicitations, bids, offers, instructions, trading, and prices, that lead to the execution of a transaction in a commodity interest, whether communicated by telephone, voicemail, mobile device, or other digital or electronic media, and to keep those records for one year. This final rule also requires FCMs, IBs, RFEDs, and all members of a DCM or SEF to record and keep all written communications provided or received concerning quotes, solicitations, bids, offers, instructions, trading, and prices, that lead to the execution of a transaction in a commodity interest or related cash or forward transactions, whether communicated by telephone, voicemail, facsimile, instant messaging, chat rooms, electronic mail, mobile device, or other digital or electronic media, and to keep those written records for five years. This book contains: - The complete text of the Adaptation of Regulations to Incorporate Swaps - Records of Transactions (US Commodity Futures Trading Commission Regulation) (CFTC) (2018 Edition) - A table of contents with the page number of each section
Author: Thomas Molony
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The over-the-counter derivatives market involves trillions of dollars. Before Congress enacted The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) in 2010, this enormous market largely was left unregulated. Dodd-Frank changed the playing field dramatically, subjecting over-the-counter derivatives to extensive new regulation by the Securities Exchange Commission (the “SEC”) and the Commodity Futures Trading Commission (the “CFTC”). About ten years before Dodd-Frank, the Commodity Futures Modernization Act of 2000 (the “CFMA”) had established that most over-the-counter derivatives were not securities for purposes of the Securities Act of 1933 (the “Securities Act”) and the Securities Exchange Act of 1934 (the “Exchange Act”). At the same time, the CFMA subjected a specific category of over-the-counter derivatives -- security-based swap agreements -- to the antifraud prohibitions under Securities Act § 17(a) and Exchange Act § 10(b) and Rule 10b-5. Since the CFMA was enacted, few courts have interpreted the term “security-based swap agreement” and only one has given it studied attention. Dodd-Frank narrowed the definition of the term and left the antifraud prohibitions in place. This Article examines the historical interpretation of the term “security-based swap agreement,” its application in recent SEC enforcement actions involving interest rate swaps and the continuing viability post-Dodd-Frank of having security-based swap agreements subject to the antifraud provisions of the Securities Act and the Exchange Act. It concludes that Congress should eliminate application of those antifraud provisions to security-based swap agreements because continuing to have them apply is unnecessary and undesirable after Dodd-Frank. The Article begins with a discussion of how the securities laws applied to swaps, the most common over-the-counter derivatives, prior to Dodd-Frank. After reviewing and critiquing the handful of opinions that have considered the scope of the term “security-based swap agreement,” the Article considers whether the interest rate swaps at issue in the recent SEC enforcement actions are security-based swap agreements. The Article next describes generally the jurisdictional division between the SEC and the CFTC under Dodd-Frank and how security-based swap agreements fit within the new regime. It then explores reasons to do away with the “security-based swap agreement” concept in the federal securities laws, while considering the possible benefits of retaining it. The Article ultimately concludes that Congress should eliminate the “security-based swap agreement” concept from the Securities Act and the Exchange Act and explains why its continuing presence in the federal securities laws is unnecessary and undesirable.
Author: The Law The Law Library
Publisher: Createspace Independent Publishing Platform
ISBN: 9781721623402
Category :
Languages : en
Pages : 150
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Book Description
Swap Data Recordkeeping and Reporting Requirements (US Commodity Futures Trading Commission Regulation) (CFTC) (2018 Edition) The Law Library presents the complete text of the Swap Data Recordkeeping and Reporting Requirements (US Commodity Futures Trading Commission Regulation) (CFTC) (2018 Edition). Updated as of May 29, 2018 The Commodity Futures Trading Commission ("Commission" or "CFTC") is adopting rules to implement the Commodity Exchange Act ("CEA" or "Act") relating to swap data recordkeeping and reporting requirements. These sections of the CEA were added by the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank Act"). The rules being adopted apply to swap data recordkeeping and reporting requirements for swap data repositories, derivatives clearing organizations, designated contract markets, swap execution facilities, swap dealers, major swap participants, and swap counterparties who are neither swap dealers nor major swap participants. The recordkeeping and reporting requirements of this rule further the goals of the Dodd-Frank Act to reduce systemic risk, increase transparency and promote market integrity within the financial system. This book contains: - The complete text of the Swap Data Recordkeeping and Reporting Requirements (US Commodity Futures Trading Commission Regulation) (CFTC) (2018 Edition) - A table of contents with the page number of each section
Author: The Law The Law Library
Publisher: Createspace Independent Publishing Platform
ISBN: 9781721623648
Category :
Languages : en
Pages : 114
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Book Description
Swap Data Recordkeeping and Reporting Requirements for Cleared Swaps (US Commodity Futures Trading Commission Regulation) (CFTC) (2018 Edition) The Law Library presents the complete text of the Swap Data Recordkeeping and Reporting Requirements for Cleared Swaps (US Commodity Futures Trading Commission Regulation) (CFTC) (2018 Edition). Updated as of May 29, 2018 The Commodity Futures Trading Commission ("Commission" or "CFTC") is adopting final regulations relating to swap data reporting in connection with cleared swaps for swap data repositories ("SDRs"), derivatives clearing organizations ("DCOs"), designated contract markets ("DCMs"), swap execution facilities ("SEFs"), swap dealers ("SDs"), major swap participants ("MSPs"), and swap counterparties who are neither SDs nor MSPs. Commodity Exchange Act ("CEA" or "Act") provisions relating to swap data recordkeeping and reporting were added by the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank Act"). These regulations adopt without change revisions to the Commission regulations as proposed in the Notice of Proposed Rulemaking ("NPRM") issued August 31, 2015. These revisions clarify regulations to clearly delineate the swap data reporting requirements associated with each of the swaps involved in a cleared swap transaction. Additionally, these revisions leave the choice of SDR for each swap in a cleared swap transaction to the entity submitting the first report on such swap. This book contains: - The complete text of the Swap Data Recordkeeping and Reporting Requirements for Cleared Swaps (US Commodity Futures Trading Commission Regulation) (CFTC) (2018 Edition) - A table of contents with the page number of each section
Author: The Law The Law Library
Publisher: Createspace Independent Publishing Platform
ISBN: 9781720937005
Category :
Languages : en
Pages : 160
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Book Description
Adaptation of Regulations to Incorporate Swaps (US Commodity Futures Trading Commission Regulation) (CFTC) (2018 Edition) The Law Library presents the complete text of the Adaptation of Regulations to Incorporate Swaps (US Commodity Futures Trading Commission Regulation) (CFTC) (2018 Edition). Updated as of May 29, 2018 The Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank Act" or "DFA") established a comprehensive new statutory framework for swaps and security-based swaps. The Dodd-Frank Act repeals some sections of the Commodity Exchange Act ("CEA" or "Act"), amends others, and adds a number of new provisions. The DFA also requires the Commodity Futures Trading Commission ("CFTC" or "Commission") to promulgate a number of rules to implement the new framework. The Commission has proposed and finalized numerous rules to satisfy its obligations under the DFA. This rulemaking makes a number of conforming amendments to integrate the CFTC's regulations more fully with the new framework created by the Dodd-Frank Act. This book contains: - The complete text of the Adaptation of Regulations to Incorporate Swaps (US Commodity Futures Trading Commission Regulation) (CFTC) (2018 Edition) - A table of contents with the page number of each section
