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
Regulators responded to a narrow question about trading bitcoin-based securities, with orders that should not limit innovation in bitcoin technologies.
On March 10, 2017, the US Securities and Exchange Commission (SEC)...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
What is cryptocurrency?
There is no one standard definition of cryptocurrency. At the most basic level cryptocurrency—or digital currency or virtual currency—is a medium of exchange that functions like money (in that it...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
Cryptocurrency is on the rise...and so are enforcement actions.
In less than a decade, cyptocurrencies have grown from a novelty reserved for those dealing in the illicit into a robust platform embraced by financial...more
12/9/2015
/ Anti-Money Laundering ,
Bitcoin ,
BitLicense ,
CFTC ,
Cryptocurrency ,
Dodd-Frank ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FinCEN ,
Popular ,
Securities and Exchange Commission (SEC) ,
Young Lawyers
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
With recent release, the CFTC hopes to eliminate market uncertainty on forward contracts with embedded volumetric optionality.
UPDATE (June 18, 2015): On May 12, 2015, the CFTC adopted the Proposal as proposed (as used...more
Six things every investor, start-up, financial institution and payment processor should know about the future regulation of Bitcoin and other cryptocurrency derivatives.
With the quickly developing market for...more
6/2/2015
/ Administrative Authority ,
Bitcoin ,
Blockchain ,
CFTC ,
Corporate Counsel ,
Cryptocurrency ,
Derivatives ,
Financial Institutions ,
Investors ,
Popular ,
Regulatory Agenda ,
Startups ,
Young Lawyers
If finalized, the proposed rule would be the SEC’s second major step toward finalizing the cross-border rules for security-based swaps under the Dodd-Frank Act.
On April 29, 2015, the US Securities and Exchange...more
SEC has published reporting obligations for SBS without a finalized compliance schedule. Reporting rules for cleared and platform-executed SBS and certain cross-border transactions have not yet been finalized.
On...more
Note: This version includes an additional section on the Terrorism Risk Insurance Program Reauthorization Act of 2015, which amends certain provisions of the Dodd-Frank Act to exempt certain counterparties from the initial...more
With recent release, the CFTC hopes to eliminate market uncertainty on forward contracts with embedded volumetric optionality.
The comment period recently closed for a proposed interpretation (the Proposal) to further...more
Dealers and major industry participants may be subject to new margin requirements beginning as early as December 1, 2015.
Regulators are expected to finalize rules regarding margin requirements for uncleared swaps...more
1/9/2015
/ Basel Committee on Banking Supervision (BCBS) ,
CFTC ,
Covered Entities ,
International Harmonization ,
Major Swap Participants ,
Margin Requirements ,
New Regulations ,
Prudential Regulation Authority (PRA) ,
Prudential Standards ,
Securities ,
Swap Dealers ,
Swaps
The revision of the 2003 International Swaps and Derivatives Association (ISDA) Credit Derivatives Definitions is likely the biggest overhaul of the definitions in more than a decade. The new 2014 ISDA Credit Derivatives...more
The SEC Final Rule is the SEC’s first major step toward implementing its final regulatory regime under Title VII of the Dodd-Frank Act.
On June 25, 2014, the Securities and Exchange Commission (SEC) approved a final...more
The SEC has proposed recordkeeping and reporting rules and capital charges for security-based swap dealers based on the current broker-dealer reporting and recordkeeping regime.
Market participants in the derivatives...more