News & Analysis as of

Regulatory Agenda Derivatives Financial Regulatory Reform

Katten Muchin Rosenman LLP

A More Business-Friendly Approach to Innovation, Risk Management and Derivatives Regulation: What to Expect From Incoming CFTC...

President Donald Trump's nomination of Brian D. Quintenz to serve as Chairman of the Commodity Futures Trading Commission (CFTC or Commission) portends a potential shift towards a more business-friendly regulatory approach to...more

Orrick, Herrington & Sutcliffe LLP

Brian Quintenz nominated to be CFTC Chairman

On February 11, the White House nominated Brian Quintenz to replace Caroline Pham as Chairman of the CFTC. He previously worked as the Head of Policy at a venture capital fund that invests in cryptoassets. Quintenz previously...more

A&O Shearman

UK Financial Conduct Authority policy statement on reforming commodity derivatives regulatory framework

A&O Shearman on

The Financial Conduct Authority (FCA) has published a policy statement (PS25/1) on reforming the commodity derivatives regulatory framework. The policy statement sets out the FCA's response to feedback on its consultation...more

Troutman Pepper Locke

Breaking Down CFTC's Novel Theory Driving Uniswap Action

Troutman Pepper Locke on

Although Congress has neither formulated a regulatory framework for the digital asset industry nor anointed a federal regulatory agency as the de facto overseer of digital asset-related activities affecting interstate...more

A&O Shearman

New UK Financial Conduct Authority Direction for the Derivatives Trading Obligation

A&O Shearman on

The U.K. Financial Conduct Authority has published a new direction for the U.K. derivatives trading obligation, together with an explanatory memorandum. The FCA's existing direction modifying the U.K. DTO using its Temporary...more

A&O Shearman

CRT Transactions in the EU, U.K. and the United States

A&O Shearman on

In this bulletin, we consider the current state of the EU, U.K. and U.S. markets for credit risk transfer (“CRT”) transactions, with a particular focus on the fund finance market. For a more in-depth introduction to this...more

A&O Shearman

CRT and SRT trades: an introductory guide for issuers and investors - June 2024

A&O Shearman on

Our new report provides a practical introduction to credit risk transfer (CRT) and significant risk transfer (SRT) trades. It is a comprehensive starting point for new issuers, investors and other stakeholders. While CRT...more

A&O Shearman

European Commission Consults on Draft Delegated Regulation for OTC Derivatives Identifying Reference Data

A&O Shearman on

The European Commission has published consultation for a draft Delegated Regulation supplementing the Markets in Financial Instruments Regulation as regards OTC derivatives identifying reference data to be used for the...more

A&O Shearman

UK Updates and Expands Equivalence for US Derivatives Trading Venues

A&O Shearman on

The Markets in Financial Instruments (Equivalence) (United States of America) (Commodity Futures Trading Commission) Regulations 2024 (SI 2024/638) were made on May 14, 2024 and entered into force on June 4, 2024. In...more

Cadwalader, Wickersham & Taft LLP

First Attempt to Regulate Spot Digital Asset Activities

On March 29, the National Futures Association (“NFA”) promulgated Compliance Rule 2-51, setting forth Requirements for Members and Associates Engaged in Activities Involving Digital Asset Commodities, which includes both...more

Morgan Lewis

New SEC Rule Will Regulate Registered Fund Investments in Derivatives

Morgan Lewis on

On October 28, 2020, the US Securities and Exchange Commission (SEC) voted 3–2 to adopt Rule 18f-4 (the Rule) under the Investment Company Act of 1940 (the Investment Company Act), which will replace decades-old SEC and staff...more

Herbert Smith Freehills Kramer

SEC proposes simplification of derivatives rules for closed-end, other funds

The SEC voted to propose a rule designed to enhance the regulation of the use of derivatives by registered investment companies, including closed-end funds, as well as mutual funds, ETFs and business development companies....more

Skadden, Arps, Slate, Meagher & Flom LLP

"Assessing the Impact of Post-Financial Crisis Regulation"

The financial crisis of 2008 demonstrated that the then-existing financial regulatory system was in need of substantial repair. By any measure, the financial regulatory reform that has followed has been extensive. In areas...more

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