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Adobe PDFCFTC Proposes to Expand Mandatory Clearing to Include Additional Classes of Interest Rate Swaps
James M. Cain, Catherine M. Krupka, David T. McIndoe, Mark D. Sherrill, R. Michael Sweeney; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 20, 2016, previously published on June 17, 2016
On June 9, the Commodity Futures Trading Commission (CFTC) released a notice of proposed rulemaking regarding an expansion of CFTC Regulation 50.4(a). If adopted, additional classes of interest rate swaps will become subject to mandatory clearing pursuant to the Dodd-Frank Act. The proposed...

 

Adobe PDFCFTC and EU Regulators Agree on a Common Approach for the Regulation of CCPs
Brian Barrett, James M. Cain, Daphne G. Frydman, Catherine M. Krupka, David T. McIndoe; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
February 15, 2016, previously published on February 12, 2016
Earlier this week, the Commodity Futures Trading Commission (CFTC) and European regulators announced that they have reached agreement on a “common approach” regarding requirements for central counterparties (CCPs) (i.e., clearinghouses). Per their joint statement, the European...

 

HTMLCFTC Amends Regulation 1.35
Brian Barrett, James M. Cain, Daphne G. Frydman, Catherine M. Krupka, David T. McIndoe; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
February 4, 2016, previously published on February 3, 2016
U.S. Commodity Futures Trading Commission (CFTC) Regulation 1.35 requires futures commission merchants (FCMs), retail foreign exchange dealers (RFEDs), introducing brokers (IBs) and members of a swap execution facility (SEF) or designated contract market (DCM) (each a Covered Person and...

 

HTMLPreliminary Report on the Swap Dealer De Minimis Exception
Brian Barrett, James M. Cain, Daphne G. Frydman, Catherine M. Krupka, David T. McIndoe; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
December 11, 2015, previously published on December 10, 2015
On November 18, the staff of the Commodity Futures Trading Commission (CFTC) issued a much anticipated report on the de minimis exception from the “swap dealer” definition, the Swap Dealer De Minimis Exception Preliminary Report (the Preliminary Report). Unfortunately, and as further...

 

HTMLUK Banking Regulator Finalizes Rules Requiring Adherence to Contractual Stay
Cheryl I. Aaron, James M. Cain, Warren N. Davis, David T. McIndoe, Mark D. Sherrill; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
November 25, 2015, previously published on November 24, 2015
On November 13, the Bank of England’s Prudential Regulation Authority (PRA) published a final policy statement titled “Contractual Stays in Financial Contracts Governed by Third-Country Law” (the PRA Policy Statement). These final rules create restrictions on contractual...

 

HTMLComing Soon - Mandatory Clearing of Interest Rate Swaps Under EMIR
Brian Barrett, James M. Cain, Daphne G. Frydman, Catherine M. Krupka, David T. McIndoe; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 2, 2015, previously published on September 1, 2015
On August 6, 2015, the European Commission (EC) adopted new rules that will require the clearing of certain over-the-counter (OTC) interest rate swaps pursuant to the European Market Infrastructure Regulation (EMIR) (the EU IRS Clearing Rules). The EU IRS Clearing Rules are subject to approval by...

 

HTMLCFTC and NFA Afford Relief from Certain CTA Periodic Reporting Obligations
Brian Barrett, James M. Cain, Daphne G. Frydman, David T. McIndoe, Mark D. Sherrill; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
August 7, 2015, previously published on August 6, 2015
On July 21, the staff of the Commodity Futures Trading Commission’s (CFTC) Division of Swap Dealer and Intermediary Oversight (DSIO) published an exemptive letter that provides relief from periodic reporting on CFTC Form CTA-PR to commodity trading advisors (CTAs) that do not direct client...

 

HTMLISDA Publishes EMIR Classification Letter
Brian Barrett, Daphne G. Frydman, Catherine M. Krupka, David T. McIndoe, Mark D. Sherrill; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 21, 2015, previously published on July 20, 2015
On July 13, the International Swaps and Derivatives Association, Inc. (ISDA) published the ISDA EMIR Classification Letter (the Classification Letter), a form of letter that may be used by market participants managing their regulatory obligations under the European Market Infrastructure Regulation...

 

HTMLEuropean Regulators Publish Second Consultation Paper on Margin for OTC Derivatives
Brian Barrett, James M. Cain, Daphne G. Frydman, Catherine M. Krupka, David T. McIndoe; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 7, 2015, previously published on July 6, 2015
On June 10, the European Supervisory Authorities (ESA) published a second consultation paper on draft Regulatory Technical Standards (RTS) to implement the European Market Infrastructure Regulation (EMIR) requirement that persons classified under EMIR as “financial counterparties” (FCs)...

 

HTMLMaster Limited Partnerships: Proposed Tax Regulations Scale Back Activities Giving Rise to Qualifying Income
Benjamin G. Clark, Catherine M. Krupka, David T. McIndoe, Daniel R. McKeithen, David A. Roby; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 25, 2015, previously published on June 24, 2015
The Treasury Department (Treasury) and the Internal Revenue Service (Service) have issued proposed tax regulations (Proposed Regulations) that provide guidance on, and significantly scale back, the types of activities relating to minerals and natural resources that generate “qualifying...

 


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