Monthly Archives: November 2011

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Banking, Derivatives, Public Policy & Advocacy, Securities & Capital Markets

Financial Regulatory Reform: Derivatives

November 4, 2011 | American Bar Association

In the full committee meeting of the Business Law Section Banking Law Committee (BLC), Diana gave a presentation about the new regulatory framework for the swaps markets mandated by the Dodd-Frank Act. She provided an overview of dozens of pending rules and related pending legislation. Her focus was on clearing and margin requirements, registration and regulation of market participants, transaction reporting, push-out of certain derivatives from the most active banks, and international implications.

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Preston Law Logo Mark
Banking, Derivatives, Public Policy & Advocacy

Comment Letter on Further Definition of “Swap Dealer,” “Security-Based Swap Dealer,” “Major Swap Participant,” “Major Security-Based Swap Participant” and “Eligible Contract Participant”

November 3, 2011 | American Bankers Association (ABA)

The ABA urges the CFTC to accommodate all common lending practices as it implements the swap dealer exemption for swaps entered into by insured depository institutions in connection with originating loans. The letter describes common lending practices, including loan origination, financial terms, economically equivalent extensions of credit, swaps to offset bank loan-related risks, syndicated loans, and commodity swaps in connection with loans. The CFTC provided reasonable accommodation these common lending practices.

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