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Data / Federal rules / 2023-28649

Capital and Financial Reporting Requirements for Swap Dealers and Major Swap Participants

The Commodity Futures Trading Commission published this proposed rule in the Federal Register on January 16, 2024. Comments closed on February 13, 2024.

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What the agency says

The Commodity Futures Trading Commission ("Commission" or "CFTC") proposes to amend certain of the Commission's regulations that impose minimum capital requirements and financial reporting obligations on swap dealers ("SDs") and major swap participants ("MSPs"). The Commission proposes to do this by codifying parts of staff interpretive letter 21-15 to SDs addressing the Tangible Net Worth Capital Approach for calculating capital under the applicable Commission regulation and no-action letter 21-18 (and its successor no- action letter 23-11) regarding alternative financial reporting by SDs subject to the capital requirements of a prudential regulator (together, "CFTC Letters"). The Commission is also proposing to amend certain of its regulations applicable to SDs, in areas including the required timing of certain notifications, the process for approval of subordinated debt for capital, and the revision of financial reporting forms to conform to the rules. The proposed amendments are intended to make it easier for SDs to comply with the Commission's financial reporting obligations and demonstrate compliance with minimum capital requirements.

Key facts

Document number
2023-28649
Type
Proposed rule
Action
Proposed rule
Agency
Commodity Futures Trading Commission
Published
January 16, 2024
Comments due
February 13, 2024
Dates
Comments must be received on or before February 13, 2024.
Regulation ID (RIN)
3038-AF33
Code of Federal Regulations
17 CFR 23
Topics
Reporting and recordkeeping requirements; Swaps
Significant
Yes, under Executive Order 12866
Pages
28

The document on federalregister.gov PDF

Other documents from the Commodity Futures Trading Commission

Everything from the Commodity Futures Trading Commission · Rules on reporting and recordkeeping requirements · Rules on swaps · Published in January 2024

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