Dodd-Frank Timeline, Position Limits for Derivatives
| Interim and Final Rule
|
Effective Date
|
Compliance Date (Spot Month)
|
| November 18, 2011
|
January 17, 2012
|
October 12, 2012 VACATED BY COURT ORDER
|
Dodd-Frank Timeline, Swap Trading Relationship Documentation for Swap Dealers and Major Swap Participants
| Proposal Date
|
Comment Deadline
|
Final Rule Issue
|
| February 8, 2011
|
June 3, 2011
|
August 27, 2012
|
The Commodity Futures Trading Commission (CFTC) public meeting focused on the issuance of proposed rules under the Dodd-Frank Wall Street Reform and Consumer Protection Act on the following topics:
- the issuance of a proposed rulemaking regarding position limits for derivatives;
- the issuance of a proposed rulemaking regarding swap trading relationship documentation requirements for swap dealers and major swap participants; and
- the adoption of a final rule that addresses requirements for derivatives clearing organizations, designated contract markets and swap execution facilities regarding the mitigation of conflicts of interest. *This item was subsequently tabled until a future meeting.[1]
Archived webcast:
Meeting Summary
Topics of Discussion with CFTC Position Limits Team
- Large trader positions and surveillance thereof
- Hedge exemptions
- Emergency liquidation procedures
Motion to issue proposed rule carries, 4-1 (Commissioner Sommers voted against)
Topics of Discussion with CFTC Swaps Documentation Team
- Bilateral swaps agreements vs. Swaps clearing house
- "Swap Dealers" and "Major Swap Participants"
- Valuation disputes
- Disputes should be relegated first to senior managers, and then to regulators
- Valuation disputes at the core of AIG exposure
- Counterparties must agree to consistent terms of valuation methodology, including provisions for deriving valuation off illiquid assets
- "Systemically Important" entities as defined by Title II of Dodd-Frank
Motion to issue proposed rule carries 5-0
Related Documents
Position Limits for Derivatives
Proposed Rule on Swap Trading Relationship Documentation for Swap Dealers and Major Swap Participants
Speakers
Chairman Gary Gensler; whose statements include:
- A commendation to Commissioner Dunn in honor of 25 years of service to the CFTC.
- Support for both the position limits proposal and swaps documentation proposal.
Commissioner Michael V. Dunn, whose statements include:
- Support for both the position limits proposal and swaps documentation proposal.
- Commission must ascertain the extent to which position limits affect speculation and orderly market flow.
- Concern for potential budget constraints of Commission if new responsibilities under Dodd-Frank are not accompanied by additional resources.
Commissioner Jill Sommers; whose statements include:
- Support for swaps documentation proposal
- Opposition to position limits proposal, citing:
- Proposal is incomplete in its scope
- Concern that position limits may drive business to other markets outside CFTC jurisdiction, thereby increasing systemic risk.
Commissioner Bart Chilton, present through a remote link, who supports both proposals
Commissioner Scott O’Malia; whose statements include:
- Commission needs more data on swaps prior to supporting additional regulation
References
- ↑ Open Meeting on Ninth Series of Proposed Rules under the Dodd-Frank Act. CFTC. Retrieved on May 31, 2011.