The CFTC is requesting public comment on a petition filed by ICE Clear Europe Limited seeking an order that would allow ICE Clear Europe and its members to (i) commingle customer property related to swaps and security-based swaps, and (ii) collect margin for such swaps and security-based swaps on a portfolio basis. Specifically, ICE Clear Europe is seeking permission to hold broad-based index credit default swaps (which are swaps) and single-name and narrow-based index credit default swaps (which are security-based swaps), along with related customer property such as margin, in a single
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The SEC is operating under a continuing resolution through March 27, 2013 and, accordingly, fees paid under Section 31 of the Exchange Act will remain at their current rate until 60 days after the enactment of a regular appropriation for the SEC. Click here to view notice in full (links externally to SEC website).
SIFMA and the American Securitization Forum (ASF) submitted the comments to the CFTC requesting relief to address "legacy" structured finance transactions. The groups stated that there are factors that distinguish these financings from those done on a prospective basis, which would therefore lessen the CFTC's regulatory interests and justify regulatory relief on a broader basis. A draft exemptive order was submitted for purposes of discussion (included in the letter). The structures to which the relief would apply are as below: "Legacy Entity" means an entity, regardless of its legal form
SEC Commissioner Luis Aguilar delivered a speech on small business capital formation at a forum intended to provide an opportunity to discuss how the environment for small business capital formation can be improved, consistently with investor protection and other public policy goals. The forum also covered exempt securities offerings, crowd funding and other related topics. Commissioner Aguilar discussed the Commission's continuing interest in capital formation issues for small businesses, which Aguilar says are essential to sustain a strong economy. In particular, he asserted that good
Treasury announced that it has issued a final determination providing that a limited class of transactions related to foreign exchange is not within the definition of a swap and is therefore exempt from certain aspects of swap regulation. The effect of the exemption is quite limited in two major respects: (i) the transactions as to which the exemption applies; and (ii) the scope of requirements as to which the exemption serves as a carve-out. Types of Transactions. The exemption applies to two types of transactions: First, a transaction that solely involves an exchange of two different