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Christopher M Wells Proskauer Rose LLP

Results 1 to 5 of 48



Upcoming deadlines for private funds that trade swaps *

USA - April 9 2013
Some of the key changes to the swaps markets contemplated by the Dodd-Frank Act are starting to take effect. Some key upcoming deadlines affecting…

Co-authors: Howard J Beber, Sarah K Cherry, Laurier W Beaupre, Charles E. Dropkin, Daniel P. Finkelman .


Foreign exchange forwards and swaps exempt from CFTC regulation; CFTC also grants relief to family offices and funds-of-funds *

USA - December 4 2012
On November 16, in an action that was widely anticipated and has significant impact on many private fund managers, the Department of the Treasury issued a Final Determination exempting both foreign exchange forward contracts (FX Forwards) and foreign exchange swaps (FX Swaps) from the definition of "swap" under the Commodity Exchange Act.

Co-authors: Sean J Hill, Howard J Beber, Sarah K Cherry, Laurier W Beaupre, Daniel P. Finkelman .


CFTC and SEC adopt final rules defining swaps *

USA - July 30 2012
The Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC) recently adopted a joint rule that defines which financial instruments will be considered "swaps" under the jurisdiction of the CFTC, which instruments will be considered "security-based swaps" under the jurisdiction of the SEC, and which instruments are "mixed swaps" subject to the jurisdiction of both agencies.

Co-authors: Howard J Beber, Sarah K Cherry, Jason C Crelinsten, Laurier W Beaupre, Daniel P. Finkelman .


CFTC repeals 4.13(a)(4) exemption used by many private fund managers *

USA - February 28 2012
On February 9, 2012, the U.S. Commodity Futures Trading Commission (CFTC) rescinded CFTC Rule 4.13(a)(4), which is the exemption from CFTC registration as a Commodity Pool Operator that is commonly used by general partners, managers and sponsors of private funds that trade futures.

Co-authors: Howard J Beber, Sarah K Cherry, Jason C Crelinsten, Laurier W Beaupre, Daniel P. Finkelman .


EU adopts rules limiting short sales *

European Union - February 6 2012
On November 15, 2011, the European Parliament adopted, with amendments, the European Commission's proposal for an EU Short Selling Regulation (SSR).

Co-authors: Bruce L Lieb, Marc A Persily, Amanda H Nussbaum, Ira G Bogner, Charles Parsons.


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