01/20/2011 05:02:00 PM EST
Sutherland Alert: CFTC Issues Two Additional Proposed Rules Under the Dodd-Frank Act at Its First Open Meeting of 2011 January 14, 2011

by Jamie Cain and Ann Battle
The Commodity Futures Trading Commission (CFTC) issued
two proposed rules under the Dodd-Frank Wall Street Reform and Consumer
Protection Act (Dodd-Frank Act) at its first open meeting of the new year on
Thursday, January 13, 2011. The first proposed rule addresses position limits
for certain commodity futures contracts and "economically equivalent
derivatives." This proposed rule is substantively the same as the proposed rule
on position limits that the CFTC considered but did not adopt at its last open
meeting on December 16, 2010. The second proposed rule addresses swap
documentation requirements for swap dealers and major swap participants and is
a continuation of a proposed rule on swap confirmation, portfolio
reconciliation and portfolio compression requirements for swap dealers and
major swap participants that the CFTC issued at its December 16, 2010, open
meeting.
The text of these proposed rules have not yet been published
in the Federal Register. This discussion is based on statements made at the
January 13, 2011, and December 16, 2010, open meetings and the Fact Sheets and
Q&As made available by the CFTC.
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