«Sutherland is committed to being at the forefront among legal advisers in the post-Dodd-Frank derivatives regulatory regime,» said Energy and Environmental Practice Group Leader Herbert J. Short, Jr. «With David and Michael on board, Sutherland has extensive depth and breadth in the newly
regulated swaps markets.»
Not exact matches
Figuring out ways to
regulate trading by sophisticated investors in derivatives, which go by exotic names such as «currency forwards» and «credit default
swaps,» is a hot topic in international policy circles, largely because failures on this murky side of the
market are blamed for the 2008 global credit meltdown and the recession that followed.
In the 1990s he fought efforts to
regulate derivatives — that once - opaque corner of the financial
market where mortgage - backed securities and credit default
swaps, at the centre of the financial meltdown of 2008, were flourishing.
For example, if Bitcoin is not a currency, then Bitcoin forwards and Bitcoin
swaps that involve the exchange of Bitcoin for another currency will not fall under the statutory definitions of the more lightly
regulated foreign exchange forwards or foreign exchange
swaps.10 Likewise, retail trading of Bitcoin derivatives will be limited to designated contract
markets, rather than subject to the retail foreign exchange dealer regulations.11 Treating Bitcoin as a commodity that is not a currency dovetails with the stances taken by other U.S. regulators such as the Financial Crimes Enforcement Network (FinCEN)(virtual currency does not have all of the attributes of real currency) 12, the Securities and Exchange Commission (Bitcoin investments are investment contracts because Bitcoin is a form of money) 13 and the Internal Revenue Service (treating Bitcoin as property for tax purposes).14
«The prohibition would force
swaps into less
regulated entities, increasing systemic risk by pushing transactions into the very «shadow
market» which played such a large role in the recent crisis,» Bloomberg said.
Subtitle E: Additional
Market Assurance -(Sec. 351) Amends the Commodity Exchange Act to: (1) require energy derivatives to be traded on a CFTC -
regulated exchange unless CFTC issues an exemption; (2) require CFTC to fix limits, with respect to energy transactions, on the aggregate number of positions which may be held by any person for each month across all
markets subject to the CFTC's jurisdiction; (3) require CFTC to convene a Position Limit Energy Advisory Group to give CFTC recommendations on such position limits; (4) give CFTC exclusive authority to grant exemptions for bona fide hedging transactions and positions from position limits imposed on energy transactions; (5) revise provisions concerning bona fide hedging transactions; and (6) require CFTC to issue a rule defining and classifying index traders and
swap dealers for the purposes of data reporting requirements and setting routine detailed reporting requirements for any position of such entities in contracts traded on designated contract
markets, over-the-counter
markets, derivatives transaction execution facilities, foreign boards of trade, and electronic trading facilities with respect to significant price discovery contracts.
CoinDesk reported LedgerX facilitated the first
regulated bitcoin derivatives
swap in a U.S. exchange
market earlier this month, raking in notional values worth $ 1 million during the first week alone.
trueEX, a
swap execution facility catering to the institutional
market today announced plans to launch a
regulated derivatives marketplace for blockchain assets.