Relief issued by the US Commodity Futures Trading Commission resolves any doubts that UK firms, as well as their swap counterparties and affiliates, may have had about whether no-action relief would continue to apply to UK...more
Practitioners active in derivative markets regulated by the Commodity Futures Trading Commission (CFTC) are well familiar with the US Court of Appeals for the Eighth Circuit’s proclamation in 1971 that “[t]he methods and...more
If proposed amendments to existing cybersecurity interpretive guidance become final, National Futures Association members may need to bring their cybersecurity policies up to date. Changes include a new notification...more
The US Commodity Futures Trading Commission has proposed a rule to streamline its regulation of commodity pool operators and commodity trading advisors, with most proposed amendments codifying, and in some cases broadening,...more
The US Commodity Futures Trading Commission (CFTC) and Securities and Exchange Commission (SEC)— collectively the Commissions—announced that they had entered into a new Memorandum of Understanding (MOU) to facilitate...more
January 2017 -
The last several years have seen law enforcement and regulatory bodies sharpen their focus on trading activity in the securities and derivatives markets. This focus has coincided with the advent of new and...more
1/5/2017
/ Block Trades ,
CFTC ,
Chicago Mercantile Exchange (CME) ,
Confidential Information ,
EFRP ,
Illegal Tipping ,
Insider Trading ,
NFA ,
Personal Benefit ,
Private Equity Firms ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Spoofing ,
Swap Execution Facilities ,
Tippees ,
Tippers ,
UK ,
US v Newman ,
US v Salman
The National Futures Association’s (NFA’s) latest proposal would require registered commodity pool operators and commodity trading advisors to provide new information about their financial condition in quarterly reports to...more
The amendments to the CFTC’s registration rules will codify no-action relief that permits non-US asset managers to rely on an exemption from the requirement to register with the CFTC by virtue of trading uncleared swaps in...more
8/4/2016
/ Asset Management ,
Brokers ,
CFTC ,
Commodity Pool ,
Commodity Trading Advisors (CTAs) ,
CPOs ,
No-Action Relief ,
Non-US Entities ,
Proposed Rules ,
Registration Requirement ,
Uncleared Swaps
No-action relief confirms that non-US asset managers may rely on an exemption from CFTC registration when trading uncleared swaps in the United States for the accounts of their non-US clients, an issue that had been in doubt...more
2/22/2016
/ CFTC ,
Commodity Pool ,
Commodity Trading Advisors (CTAs) ,
CPOs ,
Dodd-Frank ,
Foreign Business Exemption ,
No-Action Relief ,
Non-US Entities ,
Swap Clearing ,
Swaps ,
Uncleared Swaps
Firms must affirm their exemption or exclusion from CPO or CTA registration on the National Futures Association’s Exemption Filing System by February 29....more
Asset managers and other traders should expect aggressive anti-spoofing enforcement and consider reviewing their trading practices in light of this most recent development.
On November 3, 2015, a federal jury in...more
NFA links NFA’s supervisory requirements with its proposed requirements mandating that NFA Members have information systems security programs.
The National Futures Association (NFA) has proposed cybersecurity...more
9/8/2015
/ Board of Directors ,
C-Suite Executives ,
CFTC ,
Cyber Threats ,
Cybersecurity ,
Data Protection ,
Data Security ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
Incident Response Plans ,
Information Security ,
National Futures Association ,
NIST ,
Proposed Regulation ,
Securities and Exchange Commission (SEC) ,
Security Risk Assessments
The CFTC recently approved a futures contract on a dividend index as a non-security based index futures contract over the SEC’s objection that the dividend index contract could be a security future; the CFTC’s actions may...more
The reporting relief applies to commodity trading advisors that do not “direct” trading of any client commodity interest trading accounts.
On July 23, the CFTC’s Division of Swap Dealer and Intermediary Oversight issued...more
The letter modifies previous No-Action Letter 13-22, to expand relief for treasury affiliates entering into swaps on behalf of non-financial end-user affiliates that could otherwise elect the exception in section 2(h)(7) of...more
Proposed changes would provide permanent relief from compliance with certain recordkeeping requirements and narrow the types of records that must be identifiable by transaction.
The December 2012 amendments to...more
The proposal is consistent with international recommendations and Basel III criteria.
On March 12, the Securities and Exchange Commission (SEC) proposed new rules and rule amendments (the Proposal) that would enhance...more
Final rules require tape recording by futures commission merchants, introducing brokers, retail foreign exchange dealers, and commodity trading advisors; affected CFTC registrants must implement systems to comply by December...more
Order grants exemptive relief from Exchange Act requirements; parallel CFTC relief expected soon.
On December 14, the Securities and Exchange Commission (SEC) issued an order granting exemptive relief (Exemptive Order)...more
Claims for relief from CPO registration by qualifying family offices and fund of funds operators must be filed by December 31.
On November 29, the Commodity Futures Trading Commission's (CFTC's) Division of Swap Dealer...more