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Commentary by Nihal Patel

The CFTC final rule amending the definition of "swap dealer" was published in the Federal Register. The rule is effective as of November 13, 2018. As previously covered, the final rule sets the de minimis aggregate gross notional amount threshold level at $8 billion in swap-dealing activity entered into by a person over the preceding 12-month period. The current rule provides for a threshold of $3 billion, subject to a "phase-in" amount of $8 billion.