Tag Archives: commercial risk

Approaching Ambiguities in the Financial Entity Definition

The third installment of our ongoing series on the 2014 CFTC Reauthorization Act covers a potential change to the definition of a "financial entity", which has been a particularly troublesome and confusing definition for end-users, and the banks that enter into swaps with them. In addition, the CFTC may be able to address the confusion through its rule making and interpretations, without the need for a legislative change.… Continue Reading

PART 8: The Hedging or Mitigating Commercial Risk Exemption From Major Participant Status Under the December 7th Joint SEC CFTC Release

This is the 8th of a multi-part series on a December 7th rule proposal (75 Fed Reg 80174) by the SEC and CFTC (the “Regulators”) to further define several key terms in Title VII of Dodd-Frank: swap dealer, security-based swap dealer, swap participant, major security-based swap participant, and eligible contract participant. In this posting, we ruminate regarding the … Continue Reading