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Jason C Crelinsten Proskauer Rose LLP

Results 1 to 3 of 3



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, Christopher M Wells, 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On February 9, 2012, the U.S. Commodity Futures Trading Commission (CFTC) rescinded CFTC Rule 4.13(a)(4), which is the exemption from CFTC registration as a Commodity Pool Operator that is commonly used by general partners, managers and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, Christopher M Wells, Laurier W Beaupre, Daniel P. Finkelman .


SEC issues no-action letter regarding registration of affiliates of investment advisers *

USA - January 23 2012
With the February 14 deadline for many unregistered investment advisers to submit applications for registration rapidly approaching, on January 18, 2012, the Securities and Exchange Commission ("SEC") issued a no-action letter (the "ABA Letter") clarifying the registration requirements under the Investment Advisers Act of 1940, as amended (the "Advisers Act"), that apply to certain affiliates of registered investment advisers.

Co-authors: Howard J Beber, Sarah K Cherry, Christopher M Wells, Laurier W Beaupre, Daniel P. Finkelman .