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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.

 
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
Timetable:
Action Date FR Cite
NPRM  01/03/2024  89 FR 286   
NPRM Comment Period Extension  02/06/2024  89 FR 8111   
NPRM Comment Period End (Original)  02/16/2024 
NPRM Comment Extension End  03/18/2024 
Final Rule  09/00/2024 
Final Rule Effective  10/00/2024 
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