Commodity Futures Trading Commission January 2012 – Federal Register Recent Federal Regulation Documents
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Registration of Swap Dealers and Major Swap Participants; Correction
This document corrects language in the final rules published in the Federal Register of Thursday, January 19, 2012, regarding the Registration of Swap Dealers and Major Swap Participants. The Commission adopted regulations under the Commodity Exchange Act (Act or CEA) that establish the process for the registration of swap dealers (SDs) and major swap participants (MSPs, and collectively with SDs, Swaps Entities) in accordance with section 4s of the CEA, which was added recently to the CEA by the Dodd-Frank Wall Street Reform and Consumer Protection Act.
Real-Time Public Reporting of Swap Transaction Data
This document corrects language in the final rule published in the Federal Register of Monday, January 9, 2012, regarding the Real- Time Public Reporting of Swap Transaction Data. The Commission adopted rules to implement a framework for the real-time public reporting of swap transaction and pricing data for all swap transactions.
Registration of Swap Dealers and Major Swap Participants
The Commodity Futures Trading Commission (Commission or CFTC) is adopting regulations under the Commodity Exchange Act (Act or CEA) that establish the process for the registration of swap dealers (SDs) and major swap participants (MSPs, and collectively with SDs, Swaps Entities) and that require Swaps Entities to become and remain members of a registered futures association (RFA). The Commission is also adopting regulations that define an ``associated person'' of an SD or MSP as a natural person and that implement the prohibition on a Swaps Entity permitting an associated person who is statutorily disqualified from registration from effecting or being involved in effecting swaps on behalf of the Swaps Entity. The Commission is adopting these regulations in accordance with section 4s of the CEA, which was recently added to the CEA by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act).
Performance of Registration Functions by National Futures Association With Respect To Swap Dealers and Major Swap Participants
The Commodity Futures Trading Commission (Commission) is authorizing the National Futures Association (NFA), effective January 19, 2012, in accordance with the standards established by the Commodity Exchange Act (CEA) and the Commission's regulations issued thereunder, to take the following actions: To process and grant applications for registration and withdrawals of registration with respect to swap dealers (SDs) and major swap participants (MSPs), and to notify of provisional registration; to confirm initial compliance with requirements applicable to SDs and MSPs under CEA Section 4s; to conduct proceedings to deny, condition, suspend, restrict or revoke the registration of any SD or MSP or of any applicant for registration in either category; to maintain records regarding SDs and MSPs; and to serve as the official custodian of those Commission records.
Privacy Act of 1974 System of Records Notice
The Commodity Futures Trading Commission is establishing two new systems of records under the Privacy Act of 1974: one, for the collection of information related to new procedures for accounting and determining financial responsibility for lost, stolen, damaged or destroyed CFTC property assigned to CFTC employees, volunteers, interns, contractors and consultants; and two, for the collection of information related to internal electronic collaboration tools which use Microsoft SharePoint, including the CFTC Intranet and social media tools within the Intranet.
Swap Data Recordkeeping and Reporting Requirements
The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is adopting rules to implement the Commodity Exchange Act (``CEA'' or ``Act'') relating to swap data recordkeeping and reporting requirements. These sections of the CEA were added by the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act''). The rules being adopted apply to swap data recordkeeping and reporting requirements for swap data repositories, derivatives clearing organizations, designated contract markets, swap execution facilities, swap dealers, major swap participants, and swap counterparties who are neither swap dealers nor major swap participants. The recordkeeping and reporting requirements of this rule further the goals of the Dodd-Frank Act to reduce systemic risk, increase transparency and promote market integrity within the financial system.
Real-Time Public Reporting of Swap Transaction Data
The Commodity Futures Trading Commission (``CFTC'' or ``Commission'') is adopting regulations to implement certain statutory provisions enacted by the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act''). Specifically, in accordance with the Dodd-Frank Act, the Commission is adopting rules to implement a framework for the real-time public reporting of swap transaction and pricing data for all swap transactions.
Agency Information Collection Activities: Rules Relating to Regulation of Domestic Exchange-Traded Options
The Commodity Futures Trading Commission (CFTC) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq., Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on rules related to risk disclosure concerning exchange traded commodity options.
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