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Final Rule: Derivatives Clearing Organization General Provisions and Core Principles

Final Rule: Derivatives Clearing Organization General Provisions and Core Principles

RIN: 3038–AC98

Agency/Agencies: CFTC

Federal Register Publication Date: 11/08/2011

Summary: The CFTC adopted final regulations to implement certain provisions of Title VII and Title VIII of the Dodd-Frank Wall Street Reform and Consumer Protection Act governing derivatives clearing organization (DCO) activities. More specifically, the regulations establish the regulatory standards for compliance with DCO Core Principles A (Compliance), B (Financial Resources), C (Participant and Product Eligibility), D (Risk Management), E (Settlement Procedures), F (Treatment of Funds), G (Default Rules and Procedures), H (Rule Enforcement), I (System Safeguards), J (Reporting), K (Recordkeeping), L (Public Information), M (Information Sharing), N (Antitrust Considerations), and R (Legal Risk) set forth in Section 5b of the Commodity Exchange Act. The CFTC also updated and added related definitions; adopting implementing rules for DCO chief compliance officers; revising procedures for DCO applications including the required use of a new Form DCO; adopting procedural rules applicable to the transfer of a DCO registration; and adding requirements for approval of DCO rules establishing a portfolio margining program for customer accounts carried by a futures commission merchant that is also registered as a securities broker-dealer. In addition, the CFTC adopted certain technical amendments to parts 21 and 39, and adopted certain delegation provisions under Part 140.

Ianthe Zabel
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