Posts from Steve Quinlivan

What Directors and Public Companies Need to Know About the End-User Swap Exception


The Dodd-Frank Act broadly requires that most swaps be cleared through a derivative clearing organization.  The Dodd-Frank Act also contains an elective exception, referred to as the “end-user exception,” from the clearing requirement if one party to the swap is not a financial entity, is using swaps to hedge or... Read More

Topics: Derivatives, Energy, Public Companies and Securities

SEC Proposes Rules on Conflicts Minerals, Mine Safety and Resource Extraction


The SEC has proposed rules on three specialized disclosures required of public companies under the Dodd-Frank Act.  Disclosure of Use of Conflict Minerals  The proposed rules mandated by the Dodd-Frank Act would require new disclosures by reporting issuers concerning conflict minerals that originated in the Democratic Republic of the Congo... Read More

Topics: Public Companies and Securities

SEC Proposes End-User Requirements Under Dodd-Frank Act for Security-Based Swaps Exempt From Mandatory Clearing


The SEC has proposed requirements of end-users when they engage in a security-based swap transaction that is not subject to mandatory clearing. The proposed rule, required under the Dodd-Frank Act, specifies the steps that end-users must follow to notify the SEC of how they generally meet their financial obligations when... Read More

Topics: Banking, Derivatives, Public Companies and Securities

FDIC Board Approves Interagency Proposal to Set Risk-Based Capital Floor for Large Financial Institutions


The Board of Directors of the Federal Deposit Insurance Corporation, or FDIC, today approved an interagency proposed rulemaking to implement certain provisions of Section 171 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Section 171 is more commonly known as the Collins Amendment.  Section 171 provides that the capital... Read More

Topics: Banking

CFTC Adopts Interim Final Rule Regarding Reporting of Post-Enactment Swap Transactions


The CFTC has adopted an interim final rule that clarifies the reporting obligations of market participants with respect to swaps entered into on or after the date of enactment of the Dodd-Frank Act and prior to the effective date of swap data reporting rules implementing Section 2(h)(5)(B) of the Commodity... Read More

Topics: Banking, Derivatives, Energy, Insurance, Public Companies and Securities