{"id":5276,"date":"2012-01-31T00:00:00","date_gmt":"2012-01-31T06:00:00","guid":{"rendered":"https:\/\/institutionalinvestorsecuritiesblog.blawgcloud.com\/2012\/01\/cftc_and_sec_may_need_to_work"},"modified":"2022-04-22T11:03:23","modified_gmt":"2022-04-22T16:03:23","slug":"cftc-and-sec-may-need-to-work","status":"publish","type":"post","link":"https:\/\/www.investorlawyers.com\/blog\/cftc-and-sec-may-need-to-work\/","title":{"rendered":"CFTC and SEC May Need to Work Out Key Differences Related to Over-the-Counter Derivatives Rulemaking"},"content":{"rendered":"\n<p>In their efforts to move forward with rulemaking for over-the-counter derivatives, some are saying that the Commodities Futures Trading Commission and the Securities and Exchange Commission may find themselves grappling with differences that could pose a challenge for industry participants. For example, differences between proposed and final regulations could set up compliance issues. Also, the regulators appear to be working at separate paces to put into effect the Dodd-Frank Wall Street Reform and Consumer Protection Act\u2019s Title VII, which issued a directive to both regulators ordering them to establish a regulatory regime to oversee swaps. <\/p>\n<p>According to reform legislation, security-based swaps are swaps based on one loan or security or on a securities index that is narrowly based. In general, the CFTC\u2019s jurisdiction includes all swaps except for security-based swaps, which the SEC oversees. <\/p>\n<p>With the other types of swaps under its charge, the CFTC has to write a lot more swap regulations compared to the SEC. So far, under Title VII the CFTC has finalized 25 swap rules. The SEC has adopted three. (Just last January, the CFTC adopted rules addressing cleared swaps customer collateral segregation, registering significant swap participants and swap dealers, and business conduct for swap dealers interacting with counterparties.) However, together the regulators have jointly put forward proposals for definitions for products and key entities under Title VII. These definitions, however, have yet to be made final and some have expressed concern that the regulators are forging forward with adopting final rules without adopting the key definitions that certain requirements will be relying upon.<\/p>\n<div class=\"read_more_link\"><a href=\"https:\/\/www.investorlawyers.com\/blog\/cftc-and-sec-may-need-to-work\/\"  title=\"Continue Reading CFTC and SEC May Need to Work Out Key Differences Related to Over-the-Counter Derivatives Rulemaking\" class=\"more-link\">Continue Reading \u203a<\/a><\/div>\n","protected":false},"excerpt":{"rendered":"<p>In their efforts to move forward with rulemaking for over-the-counter derivatives, some are saying that the Commodities Futures Trading Commission and the Securities and Exchange Commission may find themselves grappling with differences that could pose a challenge for industry participants. For example, differences between proposed and final regulations could set up compliance issues. Also, the [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[3810,4017,3761],"tags":[],"class_list":["post-5276","post","type-post","status-publish","format-standard","hentry","category-cftc","category-overthecounter-derivatives","category-securities-and-exchange-commis"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.4 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>CFTC and SEC May Need to Work Out Key Differences Related to Over-the-Counter Derivatives Rulemaking &#8212; Investor Lawyers Blog &#8212; January 31, 2012<\/title>\n<meta name=\"description\" content=\"In their efforts to move forward with rulemaking for over-the-counter derivatives, some are saying that the Commodities Futures Trading Commission and the &#8212; January 31, 2012\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.investorlawyers.com\/blog\/cftc-and-sec-may-need-to-work\/\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:title\" content=\"CFTC and SEC May Need to Work Out Key Differences Related to Over-the-Counter Derivatives Rulemaking &#8212; Investor Lawyers Blog &#8212; January 31, 2012\" \/>\n<meta name=\"twitter:description\" content=\"In their efforts to move forward with rulemaking for over-the-counter derivatives, some are saying that the Commodities Futures Trading Commission and the &#8212; January 31, 2012\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Shepherd Smith Edwards &amp; Kantas, LLP\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"3 minutes\" \/>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"CFTC and SEC May Need to Work Out Key Differences Related to Over-the-Counter Derivatives Rulemaking &#8212; Investor Lawyers Blog &#8212; January 31, 2012","description":"In their efforts to move forward with rulemaking for over-the-counter derivatives, some are saying that the Commodities Futures Trading Commission and the &#8212; January 31, 2012","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.investorlawyers.com\/blog\/cftc-and-sec-may-need-to-work\/","twitter_card":"summary_large_image","twitter_title":"CFTC and SEC May Need to Work Out Key Differences Related to Over-the-Counter Derivatives Rulemaking &#8212; Investor Lawyers Blog &#8212; January 31, 2012","twitter_description":"In their efforts to move forward with rulemaking for over-the-counter derivatives, some are saying that the Commodities Futures Trading Commission and the &#8212; January 31, 2012","twitter_misc":{"Written by":"Shepherd Smith Edwards &amp; Kantas, LLP","Est. reading time":"3 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/www.investorlawyers.com\/blog\/cftc-and-sec-may-need-to-work\/#article","isPartOf":{"@id":"https:\/\/www.investorlawyers.com\/blog\/cftc-and-sec-may-need-to-work\/"},"author":{"name":"Shepherd Smith Edwards &amp; Kantas, LLP","@id":"https:\/\/www.investorlawyers.com\/blog\/#\/schema\/person\/e0240e0754684b69f7d6a7de1b9f1431"},"headline":"CFTC and SEC May Need to Work Out Key Differences Related to Over-the-Counter Derivatives Rulemaking","datePublished":"2012-01-31T06:00:00+00:00","dateModified":"2022-04-22T16:03:23+00:00","mainEntityOfPage":{"@id":"https:\/\/www.investorlawyers.com\/blog\/cftc-and-sec-may-need-to-work\/"},"wordCount":616,"articleSection":["CFTC","Over-the-Counter Derivatives","Securities and Exchange Commission"],"inLanguage":"en-US"},{"@type":"WebPage","@id":"https:\/\/www.investorlawyers.com\/blog\/cftc-and-sec-may-need-to-work\/","url":"https:\/\/www.investorlawyers.com\/blog\/cftc-and-sec-may-need-to-work\/","name":"CFTC and SEC May Need to Work Out Key Differences Related to Over-the-Counter Derivatives Rulemaking &#8212; 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