Periodically, there have been calls to merge the
SEC and the Commodity Futures Trading Commission (CFTC). As the market crisis unfolded, for
example, former Treasury Secretary Henry Paulson proposed reforms which
included merging the SEC and the CFTC. Many commentators thought the Madoff and
Sutherland Regulatory Reform Task Force Team
The Commodity Futures Trading Commission (CFTC) issued its
sixth series of proposed rules under the Dodd-Frank Wall Street Reform and
Consumer Protection Act (Dodd-Frank) at an open meeting held yesterday,
Wednesday, December 1, 2010. The proposed...
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...
by Susan I. Gault-Brown, Cary J. Meer and Lawrence B.
CFTC's proposed rule amendments would subject operators
of private funds that trade futures contracts, commodity options, and swaps to
commodity pool regulation and may subject private fund advisers to dual SEC/CFTC
On July 14, 2011, the Commodity Futures Trading
Commission ("CFTC" or "Commission") issued a Final Order on Effective Date for
Swap Regulation ("CFTC Order") that provides temporary exemptive relief (i)
delaying implementation of various provisions of Title VII of the Dodd...
Amended Rule 4.5 will require
the operators of Registered Funds to either limit such Funds' use of commodity
futures, options, leverage contracts, retail forex contracts, and swaps
(together, "commodity interests") or submit to dual regulation by the
CFTC and the Securities and Exchange...
The Commodity Futures Trading Commission has unanimously
voted by seriatim (without a meeting) to issue two proposals which will affect
"U.S. persons" who engage in swaps activities. The proposals address the
hotly debated application of Dodd-Frank outside US soil, commonly referred to
The CFTC stepped up its enforcement activity in fiscal 2013, bringing a number of significant actions, according to a recent report by the agency. Last year the trading Commission filed 82 enforcement actions while opening 290 new investigations. Over the past three years the agency brought 282 enforcement...