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11 February 2016

SEC adopts cross-border security-based swap rules regarding activity in the US


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The rules, adopted under the Dodd-Frank Wall Street Reform and Consumer Protection Act, would help ensure that both US and foreign dealers are subject to Title VII of the Act when they engage in security-based swap dealing activity in the United States.


The Securities and Exchange Commission voted to adopt rules that require a non-US company that uses personnel located in a US branch or office to arrange, negotiate, or execute a security-based swap transaction in connection with its dealing activity to include that transaction in determining whether it is required to register as a security-based swap dealer.  

“These final rules are integral to the SEC’s regulation of the security-based swap market, marking a key milestone in the completion of our regime for overseeing dealers,” said SEC Chair Mary Jo White.  “The rules should improve transparency and enhance stability and oversight in the security-based swap market, while reducing potential competitive disparities, lessening the likelihood of market fragmentation, and mitigating the risk that may flow into US financial markets.” 

Full press release

 



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