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34 results found

Article

Arnold & Porter Kaye Scholer LLP | USA | 3 Nov 2016

CFTC Proposes New Registration and Conduct Rules for Cross-Border Swaps

The Commodity Futures Trading Commission (CFTC) recently proposed new regulations that will significantly affect international swap transactions. At

Article

Arnold & Porter Kaye Scholer LLP | USA | 30 Sep 2015

National Futures Association proposes new information security rules for member organizations

In August, the board of the National Futures Association (NFA), a self-regulatory organization for the American derivatives industry, approved new

Article

Arnold & Porter Kaye Scholer LLP | USA | 23 Sep 2015

CFTC finds that Bitcoin is a commodity

On September 17, 2015, the US Commodity Futures Trading Commission (CFTC) issued an Order filing and simultaneously settling charges against Coinflip

Article

Arnold & Porter Kaye Scholer LLP | USA | 10 Mar 2014

The CFTC overreaches in its interpretation of the anti-manipulation provisions adopted in Dodd-Frank

In its recent settlement with JPMorgan Chase Bank N.A. Regarding its London Whale trading losses, the Commodity Futures Trading Commission (the

Article

Arnold & Porter Kaye Scholer LLP | USA | 28 May 2013

Real jail for virtual liberty (reserve)? DOJ cracks down on digital currency operator as “bank of choice for the criminal underworld”

In a massive takedown announced earlier today, the US Attorney's Office for the Southern District of New York criminally charged Liberty Reserve S.A

Article

Arnold & Porter Kaye Scholer LLP | USA | 27 Mar 2013

Hedge funds and private equity funds beware: CFTC extends its reach globally

In March 2013, The Wall Street Journal reported that the Commodity Futures Trading Commission (CFTC) is examining the setting of prices in the gold

Article

Arnold & Porter Kaye Scholer LLP | USA | 12 Oct 2012

CFTC publishes relief from “commodity pool” definition for Equity REITs and certain securitizations and extends rule effective date

The Division of Swap Dealers and Oversight (the Division) of the Commodities Futures Trading Commission (the CFTC) released two interpretative letters excluding from the definition of "commodity pool" (1) investment vehicles that operate in a manner consistent with the constraints set forth in Regulation AB or Investment Company Act Rule 3a-7 (Rule 3a-7) promulgated by the Securities and Exchange Commission (the SEC) and certain other requirements, and (2) equity real estate investment trusts (Equity REITs).

Article

Arnold & Porter Kaye Scholer LLP | USA | 4 Oct 2012

Relief from CFTC's new commodity pool regulation may be in sight for certain securitization transactions as deadline looms

Relief from CFTC's New Commodity Pool Regulation May Be In Sight for Certain Securitization Transactions as Deadline LoomsOctober 4, 2012 Under new Commodity Futures Trading Commission (CFTC) rules scheduled to become effective on October 12th of this year, if an investment trust or similar entity is viewed as "trading" in swaps, its sponsor and other responsible parties may be required to register with the CFTC as "commodity pool operators" (CPOs) or may be required to register as “commodity trading advisors” (CTAs).

Article

Arnold & Porter Kaye Scholer LLP | USA | 28 Sep 2012

Deadline looms for compliance with CFTC's new commodity pool regulation which may cover securitization transactions

Under new Commodity Futures Trading Commission (CFTC) rules effective October 12th of this year, if an investment trust or similar entity is viewed as "trading" in swaps, its sponsor and other responsible parties may be required to register with the CFTC as "commodity pool operators" (CPOs) or may be required to register as "commodity trading advisors" (CTAs).

Article

Arnold & Porter Kaye Scholer LLP | USA | 17 Feb 2012

CFTC amends compliance and registration requirements for CPOs

The CFTC has rescinded the exemption from registration that Rule 4.13(a)(4) provided to commodity pool operators and commodity trading advisors whose investors are qualified purchasers or accredited investors.

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