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Jorden Burt LLP | USA | 15 Feb 2013

A swap or not a swap?

The Secretary of the Treasury's final determination, issued on November 16, 2012, to exempt foreign exchange swaps and foreign exchange forwards from


Jorden Burt LLP | USA | 27 Aug 2012

Commodity pool operator rule under fire

The Investment Company Institute and the U.S. Chamber of Commerce have joined together as plaintiffs to challenge recent changes the CFTC made to its Rule 4.5, which specifies limits in commodity interest holdings by mutual or exchange traded funds.


Jorden Burt LLP | USA | 27 Aug 2012

CFTC rule changes: a silver lining?

Investment advisers to mutual funds, ETFs, and private funds are chafing under recent CFTC rule changes that may require them to register as commodity pool operators or commodity trading advisers.


Jorden Burt LLP | USA | 27 Aug 2012

Mutual funds and insurance companies eye major swap participant definition

In April, the CFTC and SEC (the Commissions) finalized rules defining what swap or security-based swap activities will cause a person or company to be a major swap participant or a swap dealer under Dodd-Frank.


Jorden Burt LLP | USA | 6 Mar 2012

SEC and CFTC issue proposed rules on identity theft

On February 28, 2012, the Securities and Exchange Commission ("SEC") and the Commodity Futures Trading Commission ("CFTC") (jointly, the "Commissions") issued proposed rules and guidelines related to identity theft (the "Joint Proposed Rules").


Jorden Burt LLP | USA | 17 Feb 2012

CFTC expands regulation of investment companies

Last week, the CFTC amended its rules to roll back and dilute provisions that since 2003 have enabled most investment companies to use certain derivatives without having a commodity pool operator registered with that agency.


Jorden Burt LLP | USA | 18 Aug 2011

Regulators juggle Dodd-Frank swaps deadlines

The CFTC and SEC (the Commissions) must adopt a large number of regulations to implement the regulatory scheme that Dodd- Frank establishes for swaps and security-based swaps (collectively, swaps).


Jorden Burt LLP | USA | 17 May 2011

Foreign account reporting requirements clarified

In February, FinCEN amended the Bank Secrecy Act regulations that require Reports of Foreign Bank and Financial Accounts (FBARs).


Jorden Burt LLP | USA | 28 Feb 2011

Dodd-Frank Act implementation

The implementation of the Dodd-Frank Act ("DFA") has continued in several areas of interest to those in the insurance sector.


Jorden Burt LLP | USA | 28 Dec 2010

Swap clearing proposals leave uncertainties for financial firms

Financial firms have expressed concerns about provisions in the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank") that are designed to promote central clearing of swaps, including both swaps that are "security-based" and those that are not.

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