Hedgeweek: SEC proposes product definitions for swaps

28 April 2011

The Securities and Exchange Commission has voted unanimously to propose rules further defining the terms "swap", "security-based swap", and "security-based swap agreement". The Commission also proposed rules regarding "mixed swaps" and books and records for "security-based swap agreements".

The rules were proposed jointly with the Commodity Futures Trading Commission (CFTC) and stem from the Dodd-Frank Wall Street Reform and Consumer Protection Act.

“The proposed definitions balance several policy and legal issues in a way I believe is practical, that takes into account the specific nature of derivatives contracts, and is consistent with existing securities regulations", says SEC Chairman, Mary L Schapiro. “The proposal seeks to provide guidance in rules and interpretations by using clear and objective criteria that should clarify whether a particular instrument is a swap regulated by the CFTC, a security-based swap regulated by the SEC, or a mixed swap regulated by both agencies.”

Public comments on the rule proposal should be received within 60 days after it is published in the Federal Register.

The SEC still has several more rules it must propose under Title VII of the Dodd-Frank Act, and continues to welcome comments on those rulemakings that have already been proposed. When all of the rulemaking proposals have been completed, the SEC will consider what additional opportunity for public comment would be appropriate for its Dodd-Frank Act Title VII rules.

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