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The CFTC Division of Swap Dealer and Intermediary Oversight (the "Division") granted no-action relief to three CPOs from registration and the requirement to deliver quarterly account statements. The Division granted relief ( see here and here) to two CPOs from registration, provided that each CPO delegated its responsibilities under CEA Section 4m(1) to a registered CPO, subject to certain conditions. The relief was granted notwithstanding the parties' inability to meet one of the conditions - that the "Delegating CPO" and the "Designated CPO" be under common legal control - so long as they

The FDIC extended the comment period for feedback on ways in which it can enhance the deposit insurance application process. The original deadline of February 11, 2019 was extended to March 31, 2019. As previously covered, the FDIC is seeking feedback on (i) ways in which the FDIC can support the evolution of emerging technology and FinTech companies, (ii) parts of the application process that might affect future applications and (iii) possible changes to the application process for community bank proposals.

Steven Lofchie Commentary by Steven Lofchie

FINRA extended the effective date of the margin requirements for Covered Agency Transactions, including "to-be-announced" ("TBA") transactions and other forward-settling agency securities transactions. The effective date was extended from March 25, 2019 to March 25, 2020. FINRA reminded members that the "risk limit determination requirements became effective on December 15, 2016 and are not affected by this Notice."

The Office of the Comptroller of the Currency ("OCC") proposed amending the OCC's company-run stress testing requirements for national banks and federal savings associations. The proposal is consistent with section 401 of the Economic Growth, Regulatory Relief and Consumer Protection Act. Comments on the proposal must be submitted by March 14, 2019. The proposal would, among other things: increase the minimum threshold for national banks and federal savings associations to conduct stress tests from $10 billion to $250 billion; reduce the frequency with which certain banks would be obligated to

The staff of the SEC Division of Corporation Finance (the "Division") will not recommend enforcement action against a U.S. company for excluding a shareholder proposal from its proxy materials. The proposal would have required shareholders to go to arbitration on federal securities law claims against the company. The company, Johnson & Johnson, had requested that Division staff allow it to omit the proposal from its 2019 proxy materials pursuant to Exchange Act Rule 14a-8(i)(2), which permits a company to exclude a shareholder proposal "[i]f the proposal would, if implemented, cause the