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CFTC | RIN: 3038-AF39 | Publication ID: Spring 2024 |
Title: Protection of Clearing Member Funds Held by Derivatives Clearing Organizations | |
Abstract:
The Commission proposed amendments to part 39 of the Commission’s regulations, to require derivatives clearing organizations (DCOs) to hold funds belonging to their clearing members separate from the DCO’s funds and in an account clearly labeled as holding funds belonging to clearing members. The Commission also proposed to require DCOs to obtain a letter from any custodian of clearing member funds that acknowledges that the funds belong to clearing members and cannot be used by the DCO for other purposes. In addition, the Commission proposed to permit DCOs to hold customer and clearing member funds at foreign central banks subject to certain requirements. Finally, the Commission proposed to require DCOs to conduct a daily calculation and reconciliation of the amount of funds owed to customers and clearing members and the amount actually held for customers and clearing members. |
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Agency: Commodity Futures Trading Commission(CFTC) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: Undetermined | Unfunded Mandates: No |
CFR Citation: 17 CFR 39 | |
Legal Authority: 7 U.S.C. 7a-1 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Federalism: No | |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: August Imholtz Special Counsel, Division of Clearing and Risk Commodity Futures Trading Commission Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581 Phone:202 418-5140 Email: aimholtz@cftc.gov |