Dodd-Frank.com

Developments in Securities Regulation, Corporate Governance, Capital Markets, M&A and Other Topics of Interest

CFTC Issues Proposed Rules on Financial Resource Requirements for DCOs and SIDCOs and Conflicts of Interest

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On October 1, 2010, the CFTC issued proposed rules on financial resource requirements for derivative clearing organizations (“DCOs”) and systematically important DCOs (“SIDCOs”).  The CFTC also issued proposed rules on conflicts of interest.  The rulemaking is permitted under the Dodd-Frank Act.   Each proposed rule is analyzed below. Financial Resource Requirements... Read More

Topics: Banking

Examples of Dodd-Frank Disclosures in SEC Filings

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Dodd-Frank disclosures have begun to proliferate in SEC filings.  We reviewed many recent filings and disclosures fall into the following general categories:  internal controls, forward looking statements,  executive compensation, regulatory matters and risk factors.  Examples are set forth below. Internal Controls PDC 2004-D Limited Partnership  (Filed September 30, 2010) Internal... Read More

Topics: Public Companies and Securities

CFTC Chairman Also Gives Clues on Rules Timeline

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CFTC Chairman Gary Gensler appeared before the Senate Committee on Banking, Housing, and Urban Affairs today and shed some light on the Commission’s plans regarding the rulemakings to implement Dodd-Frank’s non-security swap trading provisions. According to the Chairman, the Commission plans to publish proposed rules in the fall, using weekly... Read More

Topics: Banking, Derivatives, Energy, Insurance

More Clues on the SEC Dodd-Frank Timeline

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SEC Chair Mary Schapiro testified before the Senate Committee on Banking, Housing, and Urban Affairs on September 30, 2010. In so doing she gave more clues on the SEC’s regulatory priorities under the Dodd-Frank Act and timing for rulemaking actions.  OTC Derivatives.  Title VII of the Dodd-Frank Act provides a... Read More

Topics: Banking, Energy, Executive Compensation, Private Equity, Public Companies and Securities

CFTC Seeks Comment Regarding Agricultural Swaps

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The Commodity Futures Trading Commission published an Advance Notice of Proposed Rulemaking (ANPRM) seeking public comment regarding the appropriate regulatory treatment of agricultural swaps.  The Dodd-Frank Wall Street Reform and Consumer Protection Act provides that swaps in an “agricultural commodity” (as defined by the Commission) are prohibited unless entered into... Read More

Topics: Public Companies and Securities

Be Careful What You Tell the Rating Agencies – Regulation FD Revised

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This SEC revised Regulation FD to implement Section 939B of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, which requires that the SEC amend Regulation FD to remove the specific exemption from the rule for disclosures made to nationally recognized statistical rating organizations and credit rating agencies... Read More

Topics: Banking, Insurance, Public Companies and Securities