Data / Federal rules / 2023-28767
Protection of Clearing Member Funds Held by Derivatives Clearing Organizations
The Commodity Futures Trading Commission published this proposed rule in the Federal Register on January 3, 2024. Comments closed on February 16, 2024.
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What the agency says
The Commodity Futures Trading Commission (CFTC or Commission) is proposing regulations to ensure clearing member funds and assets receive the proper treatment in the event the derivatives clearing organization (DCO) enters bankruptcy by requiring, among other things, that clearing member funds be segregated from the DCO's own funds and held in a depository that acknowledges in writing that the funds belong to clearing members, not the DCO. In addition, the Commission is proposing to permit DCOs to hold customer and clearing member funds at foreign central banks subject to certain requirements. Finally, the Commission is proposing to require DCOs to conduct a daily calculation and reconciliation of the amount of funds owed to customers and clearing members and the amount actually held for customers and clearing members.
Key facts
- Document number
- 2023-28767
- Type
- Proposed rule
- Action
- Notice of proposed rulemaking
- Agency
- Commodity Futures Trading Commission
- Published
- January 3, 2024
- Comments due
- February 16, 2024
- Dates
- Comments must be received by February 16, 2024.
- Regulation ID (RIN)
- 3038-AF39
- Code of Federal Regulations
- 17 CFR 39
- Pages
- 22
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Everything from the Commodity Futures Trading Commission · Published in January 2024
Read from the Federal Register API, last updated 2026-10-23. The document on federalregister.gov is the official record; dates and dockets can change through later corrections. Free to reuse with credit to SpecStream under CC BY 4.0.