Tag Archives: ERISA Derivatives

DOL Advisory Opinion 2013-01A: Cleared Swaps Under ERISA – Margin Not a Plan Asset / CCPs & FCMs Are Not Fiduciaries / No Prohibited Transactions (By Andrew P. Cross and Allison W. Sizemore)

By Andrew P. Cross and Allison W. Sizemore, Reed Smith LLP This posting summarizes Advisory Opinion 2013-01A, which was issued by the U.S. Department of Labor in February 2013 in order to address key interpretive issues relating to the ability of pension plans to trade centrally cleared swaps.  This posting will be of interest to pension … Continue Reading

PART 12: “ERISA Plans” “Registered Investment Companies” “Affiliated Positions” “Investment Advisory Clients” “Inter-Affiliate Swaps” and “Legacy Portfolios” and Major Swap Participant Under the December 7th Joint SEC / CFTC Rule Proposal

This is the 12th AND FINAL posting of a 12-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, major swap participant, major security-based swap participant, and eligible contract participant. In this posting, … Continue Reading