Compliance Dates
The Commodity Futures Trading Commission is in the process of implementing the Dodd-Frank Wall Street Reform and Consumer Protection Act.
Final Rules
Rulemaking | Citation | Effective Date | Compliance Dates | Rule Adoption Meeting |
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Protection of Collateral of Counterparties To Uncleared Swaps; Treatment of Securities in a Portfolio Margining Account in a Commodity Broker Bankruptcy | 78 FR 66621 | View Dates | Seriatim Vote | |
1/6/2014 For the part 190 rules, the compliance date and the effective date are the same. 5/5/2014 For uncleared swap transactions that are entered into with ‘‘new counterparties,’’ all persons must be in compliance with the requirements set forth in subpart l of part 23 no later than may 5, 2014. A ‘‘new counterparty’’ is a counterparty with whom, at the time of the effective date of the final rule, no agreement exists between the swap dealer or major swap participant and that counterparty concerning uncleared swaps. 11/3/2014 For uncleared swap transactions that are entered into with ‘‘existing counterparties,’’ all persons must be in compliance with the requirements set forth in subpart l of part 23 no later than november 3, 2014. An ‘‘existing counterparty’’ is a counterparty with whom, at the time of the effective date of the final rule, an agreement exists between the swap dealer or major swap participant and that counterparty concerning uncleared swaps. The Commodity Futures Trading Commission (the ``Commission'') is issuing final rules implementing new statutory provisions enacted by Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the ``Dodd-Frank Act''). Specifically, the final rule contained herein imposes requirements on swap dealers (``SDs'') and major swap participants (``MSPs'') with respect to the treatment of collateral posted by their counterparties to margin, guarantee, or secure uncleared swaps. Additionally, the final rule includes revisions to ensure that, for purposes of subchapter IV of chapter 7 of the Bankruptcy Code, securities held in a portfolio margining account that is a futures account or a Cleared Swaps Customer Account constitute ``customer property''; and owners of such account constitute ``customers.'' |
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Swap Dealers and Major Swap Participants; Clerical or Ministerial Employees | 78 FR 64173 | View Dates | Seriatim Vote | |
11/27/2013 Swap dealers and major swap participants are not prohibited from associating with persons hired in a clerical or ministerial capacity who may be subject to a statutory disqualification. The Commodity Futures Trading Commission is adopting an amendment to its regulations to clarify certain responsibilities of a swap dealer or major swap participant regarding its employees who solicit, accept or effect swaps in a clerical or ministerial capacity. |
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Clearing Exemption for Certain Swaps Entered Into by Cooperatives | 78 FR 52286 | View Dates | Seriatim Vote | |
The exemption from required clearing may be elected by market participants at such time as they would otherwise be subject to required clearing The Commodity Futures Trading Commission (``CFTC'' or ``Commission'') is adopting final regulations pursuant to its authority under section 4(c) of the Commodity Exchange Act (``CEA'') allowing cooperatives meeting certain conditions to elect not to submit for clearing certain swaps that such cooperatives would otherwise be required to submit for clearing in accordance with section 2(h)(1) of the CEA. |
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Process for Designated Contract Market and Swap Execution Facility to Make a Swap Available to Trade | 78 FR 32866 | View Dates | View Meeting (5/16/2013) | |
N/A The Commodity Futures Trading Commission (``Commission'') is adopting regulations that establish a process for a designated contract market (``DCM'') or swap execution facility (``SEF'') to make a swap subject to the trade execution requirement pursuant to the Commodity Exchange Act (``CEA''). The Commission is also adopting regulations to establish a schedule to phase in compliance with the trade execution requirement. The schedule will provide additional time for compliance with this requirement. |
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Core Principles and Other Requirements for Swap Execution Facilities | 78 FR 33476 | View Dates | View Meeting (5/16/2013) | |
10/2/2013 SEFs must comply with the rules adopted in this release (except § 37.206(f)) by October 2, 2013 8/5/2014 Each affected entity must comply with the warning letter requirement in § 37.206(f) no later than August 5, 2014 10/2/2014 From August 5, 2013 until October 2, 2014 market participants may comply with the minimum market participant requirement in § 37.9(a)(3) by transmitting a request for a quote to no less than two market participants The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is adopting new rules, guidance, and acceptable practices to implement certain statutory provisions enacted by Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act''). The final rules, guidance, and acceptable practices, which apply to the registration and operation of a new type of regulated entity named a swap execution facility (``SEF''), implement the Dodd-Frank Act's new statutory framework that, among other requirements, adds a new section 5h to the Commodity Exchange Act (``CEA'' or ``Act'') concerning the registration and operation of SEFs, and adds a new section 2(h)(8) to the CEA concerning the execution of swaps on SEFs. |
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Procedures to Establish Appropriate Minimum Block Sizes for Large Notional Off-Facility Swaps and Block Trades | 78 FR 32866 | View Dates | View Meeting (5/16/2013) | |
7/30/2013 The Commodity Futures Trading Commission is adopting regulations to implement certain statutory provisions enacted by Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Specifically, in accordance with section 727 of the Dodd-Frank Act, the Commission is adopting regulations that define the criteria for grouping swaps into separate swap categories and establish methodologies for setting appropriate minimum block sizes for each swap category. In addition, the Commission is adopting further measures under the Commission's regulations to prevent the public disclosure of the identities, business transactions and market positions of swaps market participants. |
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Clearing Exemption for Swaps Between Certain Affiliated Entities | 78 FR 21749 | View Dates | Seriatim Vote | |
The exemption from required clearing may be elected by market participants at such time as they would otherwise be subject to required clearing The Commodity Futures Trading Commission adopted regulations to exempt swaps between certain affiliated entities within a corporate group from the clearing requirement under the Commodity Exchange Act, enacted by Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The regulations include specific conditions, as well as reporting requirements, that affiliated entities must satisfy in order to elect the inter-affiliate exemption from required clearing. |
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Dual and Multiple Associations of Persons Associated With SDs, MSPs, and Other Commission Registrants | 78 FR 20788 | View Dates | Seriatim Vote | |
06/07/2013 The Commodity Futures Trading Commission (Commission or CFTC) is adopting regulations to make clear that each swap dealer (SD), major swap participant (MSP), and other Commission registrant with whom an associated person (AP) is associated is required to supervise the AP and is jointly and severally responsible for the activities of the AP with respect to customers common to it and any other SD, MSP or other Commission registrant. |
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Adaptation of Regulations to Incorporate Swaps – Records of Transactions | 77 FR 66287 | View Dates | Seriatim Vote | |
12/13/2013 - 77 FR 75523 - Date by which each affected entity must comply with the oral communications recordkeeping requirement in regulation 1.35(a). This final rulemaking requires futures commission merchants (``FCMs''), certain introducing brokers (``IBs''), retail foreign exchange dealers (``RFEDs'') and certain other registrants that are members of designated contract markets (``DCMs'') or swap execution facilities (``SEFs'') to record all oral communications provided or received concerning quotes, solicitations, bids, offers, instructions, trading, and prices, that lead to the execution of a transaction in a commodity interest, whether communicated by telephone, voicemail, mobile device, or other digital or electronic media, and to keep those records for one year. This final rule also requires FCMs, IBs, RFEDs, and all members of a DCM or SEF to record and keep all written communications provided or received concerning quotes, solicitations, bids, offers, instructions, trading, and prices, that lead to the execution of a transaction in a commodity interest or related cash or forward transactions, whether communicated by telephone, voicemail, facsimile, instant messaging, chat rooms, electronic mail, mobile device, or other digital or electronic media, and to keep those written records for five years. |
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Adaptation of Regulations to Incorporate Swaps – Records of Transactions | 77 FR 66287 | View Dates | Seriatim Vote | |
12/13/2013 - 77 FR 75523 - Date by which each affected entity must comply with the oral communications recordkeeping requirement in regulation 1.35(a). This final rulemaking requires futures commission merchants (``FCMs''), certain introducing brokers (``IBs''), retail foreign exchange dealers (``RFEDs'') and certain other registrants that are members of designated contract markets (``DCMs'') or swap execution facilities (``SEFs'') to record all oral communications provided or received concerning quotes, solicitations, bids, offers, instructions, trading, and prices, that lead to the execution of a transaction in a commodity interest, whether communicated by telephone, voicemail, mobile device, or other digital or electronic media, and to keep those records for one year. This final rule also requires FCMs, IBs, RFEDs, and all members of a DCM or SEF to record and keep all written communications provided or received concerning quotes, solicitations, bids, offers, instructions, trading, and prices, that lead to the execution of a transaction in a commodity interest or related cash or forward transactions, whether communicated by telephone, voicemail, facsimile, instant messaging, chat rooms, electronic mail, mobile device, or other digital or electronic media, and to keep those written records for five years. |