Securities and Exchange Commission July 11, 2011 – Federal Register Recent Federal Regulation Documents

Exemptions for Security-Based Swaps
Document Number: 2011-17039
Type: Rule
Date: 2011-07-11
Agency: Securities and Exchange Commission, Agencies and Commissions
We are adopting interim final rules providing exemptions under the Securities Act of 1933, the Securities Exchange Act of 1934, and the Trust Indenture Act of 1939 for those security-based swaps that under current law are security-based swap agreements and will be defined as ``securities'' under the Securities Act and the Exchange Act as of July 16, 2011 due solely to the provisions of Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The interim final rules will exempt offers and sales of these security-based swaps from all provisions of the Securities Act, other than the Section 17(a) anti-fraud provisions, as well as exempt these security-based swaps from Exchange Act registration requirements and from the provisions of the Trust Indenture Act, provided certain conditions are met. The interim final rules will remain in effect until the compliance date for final rules that we may adopt further defining the terms ``security- based swap'' and ``eligible contract participant.''