Statutes and regulations

Proposed Rulemaking to Remove References to Credit Ratings from the FDIC'S International Banking Regulations

FDIC FIL-40-2016 · Federal · Agency guidance

FDIC Financial Institution Letters › Proposed Rulemaking to Remove References to Credit Ratings from the FDIC'S International Banking Regulations

See 15 U.S.C. 78o–7, as implemented by 17 CFR 240.17g–1. 8 Pub. … In general, they implement the FDIC’s statutory authority under section 18(d)(2) of the FDI Act regarding branches of insured state nonmember banks in foreign countries, and section 18(l) of the FDI

Based on the representations presented by KRX to the Division as discussed above, the Division will not recommend that the Commission take enforcement action against KRX with respect to the offer or sale of the Contra...

CFTC Letter No. 25-03 · Federal · Agency guidance

CFTC Staff Letters (2008-present) › Based on the representations presented by KRX to the Division as discussed above, the Division will not recommend that the Commission take enforcement action against KRX with respect to the offer or sale of the Contra...

. § 2(a)(1)(D); 7 U.S.C. § 1a(44). 5 7 U.S.C. § 2(a)(1)(C)(ii). 6 17 C.F.R. § 41.1(c) (“[b]road-based security index means a group or index of securities that does not constitute a narrow-based security … to Commission Regulation 41.14(b) on February 6, 2025. 17 CFTC Staff Letter No. 08-20 (November 26, 2008), available at https://www.cftc.gov/LawRegulation/ CFTCStaffLetters/letters.htm. 18

DMO is providing time-limited relief from the trade execution requirement in order to facilitate the orderly transition from swaps that reference the London Interbank Offered Rate (LIBOR) and other interbank offered r...

CFTC Letter No. 21-27 · Federal · Agency guidance

CFTC Staff Letters (2008-present) › DMO is providing time-limited relief from the trade execution requirement in order to facilitate the orderly transition from swaps that reference the London Interbank Offered Rate (LIBOR) and other interbank offered r...

§ 6(c), may also not be subject to the section 2(h)(8) trade execution requirement, 7 U.S.C. § 2(h)(8). … . § 6(c), may also not be subject to the section 2(h)(8) trade execution requirement, 7 U.S.C. § 2(h)(8).

The Division of Clearing and Intermediary Oversight provided exemptive relief to a registered CPO and CTA from the books and records location requirements of Rules 4.23 and 4.33 such that the CPO/CTA may maintain its...

CFTC Letter No. 10-37 · Federal · Agency guidance

CFTC Staff Letters (2008-present) › The Division of Clearing and Intermediary Oversight provided exemptive relief to a registered CPO and CTA from the books and records location requirements of Rules 4.23 and 4.33 such that the CPO/CTA may maintain its...

For example, “A” remains subject to all antifraud provisions of the Act and the Commission’s regulations, as well as the reporting requirements for traders set forth in Parts 15, 18 and 19 of the Commission … (CCH) ¶ 28,134 (Apr. 28, 2000). 5 7 U.S.C. §1 et seq. The Act may similarly be accessed through the Commission’s website at www.cftc.gov.

Non-fungible Tokens (NFTs)

TMEP § 1401.15(b) · Federal · Agency guidance

Agency Guidance › USPTO TMEP › Chapter 1400 - Classification and Identification of Goods and Services › TMEP § 1401.15(b)

This information is required in order to provide public notice regarding the nature of the goods and to enable informed judgments concerning likelihood of confusion under 15 U.S.C. §1052(d) . … Examples of physical goods authenticated by non-fungible tokens include the following: "Handbags authenticated by non-fungible tokens (NFTs)" in Class 18; and "Sneakers authenticated by non-fungible tokens

Statement of Interest filed by the United States in the case of Wuliger v. Office of the Comptroller of the Currency

FinCEN Guidance, Statement of Interest filed by the United States in the case of Wuliger v. Office of the Comptroller of the Currency, 2005-04-05 · Federal · Agency guidance

FinCEN Guidance (alerts, advisories, notices, bulletins, fact sheets) › Statement of Interest filed by the United States in the case of Wuliger v. Office of the Comptroller of the Currency

business or apparent lawful purpose and i~ not the sort in which the 'customer should no~ally be expected to engage and the bank knows o~ no reasonable explanation for the transaction, 31 C.F .R. § 103. 18 … The USA Patriot Act codified Fin4EN's rolc in administering the collection, use, and dissemination of Bank Secrecy Act repo~. ~ 31 U.S.C. § 310.

Information Regarding the FDIC’s Reservation of Authority for Determining Part 363 Compliance Requirements for Insured Depository Institutions (IDIs)

FDIC FIL-116-2020 · Federal · Agency guidance

FDIC Financial Institution Letters › Information Regarding the FDIC’s Reservation of Authority for Determining Part 363 Compliance Requirements for Insured Depository Institutions (IDIs)

. 553. 29 5 U.S.C. 553(b)(B). 30 5 U.S.C. 553(d). 31 5 U.S.C. 553(d)(1). 32 5 U.S.C. 801 et seq. 33 5 U.S.C. 801(a)(3). 34 5 U.S.C. 804(2). 35 5 U.S.C. 808. 36 5 U.S.C. 601 et seq. 37 Under regulations … See 13 CFR 121.201. 38 12 U.S.C. 4802(a). 39 12 U.S.C. 4802.

No-action relief granted to an entity from registering as a CPO with respect to a commodity pool; provided, that it delegates its CPO responsibilities to a registered CPO, subject to certain conditions.

CFTC Letter No. 17-38 · Federal · Agency guidance

CFTC Staff Letters (2008-present) › No-action relief granted to an entity from registering as a CPO with respect to a commodity pool; provided, that it delegates its CPO responsibilities to a registered CPO, subject to certain conditions.

Flaherty Director CFTC Letter No. 17-38 No-Action July 18, 2017 Division of Swap Dealer and Intermediary Oversight Re: Request For No-Action Relief from the Requirement to Register as a Commodity … The Act is found at 7 U.S.C. §§1 et seq. (2012). It may be accessed through the Commission’s website, www.cftc.gov. 2 October 15, 2014.

Staff No-Action Relief: Revised Relief from the De Minimis Threshold for Certain Swaps with Utility Special Entities

CFTC Letter No. 14-34 · Federal · Agency guidance

CFTC Staff Letters (2008-present) › Staff No-Action Relief: Revised Relief from the De Minimis Threshold for Certain Swaps with Utility Special Entities

Utility Special Entities Page 3 customers, or is a Federal power marketing agency as defined in Section 3 of the Federal Power Act (16 U.S.C. § 796(19)). … This letter supersedes the 2012 No-Action Letter (CFTC Letter No. 12-18). No person may rely upon the relief provided in such letter after the date hereof.

Staff No-Action Relief from the Reporting Requirements of 32.3(b)(1) of the Commissions Regulations, and Certain Recordkeeping Requirements of 32.3(b), for End Users Eligible for the Trade Option Exemption.

CFTC Letter No. 13-08 · Federal · Agency guidance

CFTC Staff Letters (2008-present) › Staff No-Action Relief from the Reporting Requirements of 32.3(b)(1) of the Commissions Regulations, and Certain Recordkeeping Requirements of 32.3(b), for End Users Eligible for the Trade Option Exemption.

otherwise must report the trade option pursuant to Part 45 as set forth in §§ 32.3(b)(1) and 32.3(c)(4). 4 all other elements of the TOE (subject to any other applicable no-action relief in effect),18 … reference or discuss any other provision of Part 45 that contains recordkeeping requirements.21 Therefore, DMO will not recommend that the Commission 18

Korea Exchanges Request for No-Action Relief in Connection with the Offer and Sale in the United States of its Futures Contract Based on the KOSPI 200 Stock Index Futures Contract.

CFTC Letter No. 08-20 · Federal · Agency guidance

CFTC Staff Letters (2008-present) › Korea Exchanges Request for No-Action Relief in Connection with the Offer and Sale in the United States of its Futures Contract Based on the KOSPI 200 Stock Index Futures Contract.

McCarty, dated June 10, 2004, Appendix E. 12 7 U.S.C. § 1 et seq. 13 Appendix E of Pub. L. … With regard to the third criterion, an index is a “narrow-based security index” under both the CEA and the Securities Exchange Act of 1934 (“Exchange Act”), 15 U.S.C enumerated in CEA Section 2(a)(1)

Approves noncontrolling equity investments for four national banks in a merged ATM network that will be the successor to an ATM network in which they already hold noncontrolling equity investments. 02/25/99

OCC Interpretive Letter No. 854 · Federal · Agency guidance

OCC Interpretive Letters › Approves noncontrolling equity investments for four national banks in a merged ATM network that will be the successor to an ATM network in which they already hold noncontrolling equity investments. 02/25/99

Code Ann. tit. 8, § 102(b)(6) (Michie 1991). 32 See generally, Accounting Principles Board, Op. 18 ¶ 19 (1971). 33 Arnold Tours, Inc. v. … Twelve U.S.C. § 24(Seventh) gives national banks incidental powers that are “necessary” to carry on the business of banking.

No-action position with respect to Part 43 and Part 45 reporting, as well as related sections of Parts 38 and 39, for binary options executed on or pursuant to the rules of Electron Exchange DCM, LLC and cleared throu...

CFTC Letter No. 25-35 · Federal · Agency guidance

CFTC Staff Letters (2008-present) › No-action position with respect to Part 43 and Part 45 reporting, as well as related sections of Parts 38 and 39, for binary options executed on or pursuant to the rules of Electron Exchange DCM, LLC and cleared throu...

Request for No- Action Relief from Commission Regulations 38.8(b), 38.10, 38.951, 39.20(b)(2) and Parts 43 and 45 for Binary Options Traded on or Pursuant to the Rules of, and Cleared by, ElectronX (Sept. 18 … The Office of Management and Budget (“OMB”)—in accordance with 44 U.S.C. § 3507(d) and 5 C.F.R. §§ 1320.8 and 1320.10—has approved collection 3038-0049, entitled “Procedural requirements for requests

No-Action Relief from Required Clearing for Partial Novation and Partial Termination of Swaps

CFTC Letter No. 13-02 · Federal · Agency guidance

CFTC Staff Letters (2008-present) › No-Action Relief from Required Clearing for Partial Novation and Partial Termination of Swaps

Pickel Chief Executive Officer International Swaps and Derivatives Association, Inc. 1001 Pennsylvania Avenue, NW, Suite 600 Washington, D.C. 20004 Re: No-Action Relief from Required Clearing … responsibilities.17 The novated swap between the remaining original counterparty to the original swap and a third party is a new swap based on a change of ownership and is subject to required clearing.18

No-Action letter permitting, subject to certain conditions, the CPO of a pool organized as a UCITS that holds funds contributed by employees of its U.S. management company to operate said pool and its subfunds without...

CFTC Letter No. 15-46 · Federal · Agency guidance

CFTC Staff Letters (2008-present) › No-Action letter permitting, subject to certain conditions, the CPO of a pool organized as a UCITS that holds funds contributed by employees of its U.S. management company to operate said pool and its subfunds without...

Therefore, “C” no longer requires relief from commodity pool operator (“CPO”) registration, and the no-action relief provided herein is limited to “A”. 2 7 U.S.C. 6m(1). … -based management employees or their immediate family members. 3 You cite CFTC Staff Letters 03-18, 00-95, and 85-18 as examples.

Proposed Policy Statement on Carbon Pricing in Organized Wholesale Electricity Markets

173 FERC ¶ 61,062 · Federal · Agency guidance

FERC Policy Statements › Proposed Policy Statement on Carbon Pricing in Organized Wholesale Electricity Markets

Operator Corp., 153 FERC ¶ 61,087, at PP 9-11, 57 (2015). 17 Id. 18 In this context, CARB determined that CAISO’s initial method for accounting for emissions from EIM resources that serve California … Tr. 46:2-18 (Peskoe) (discussing the Commission’s jurisdiction over proposals from public utilities to address leakage). Docket No. AD20-14-000 - 15 - IV.

No-action relief for certain Introducing Brokers from filing certified and unaudited financial statements and calculating capital under regulation 1.17.

CFTC Letter No. 13-82 · Federal · Agency guidance

CFTC Staff Letters (2008-present) › No-action relief for certain Introducing Brokers from filing certified and unaudited financial statements and calculating capital under regulation 1.17.

market intermediaries, they are prohibited from holding customer funds and from engaging in proprietary trading, which materially minimizes the risks that IBs may present to the safety of customer funds.18 … be filed by a Foreign IB with a reporting date after December 31, 2013, must be prepared in accordance with GAAP or IFRS as issued by the IASB. 18

Capital Treatment for Qualifying Collateralized Debt Obligations Backed by Trust Preferred Securities under the "Volcker Rule"

FDIC FIL-15-2016 · Federal · Agency guidance

FDIC Financial Institution Letters › Capital Treatment for Qualifying Collateralized Debt Obligations Backed by Trust Preferred Securities under the "Volcker Rule"

the Investment Company Act (15 U.S.C. 80a-18).1 Section 351.10(c)(1) of the final rule also excludes from the definition of covered fund a foreign public fund that is an issuer that is organized or established … CEO Certification for Prime Brokerage Transactions 18.

Limitation on Identifying Uncharged Parties Publicly

Justice Manual § 9-27.760 · Federal · Agency guidance

Agency Guidance › DOJ Justice Manual › Title 9: Criminal › 9-27.000 - Principles of Federal Prosecution › Justice Manual § 9-27.760

For example, in those cases where the offense to which a defendant is pleading guilty requires as an element that a third party have a particular status ( e.g. , 18 U.S.C. § 203(a)(2), Unlawful Compensation

Recordkeeping Requirements for Qualified Financial Contracts Final Rule

FDIC FIL-146-2008 · Federal · Agency guidance

FDIC Financial Institution Letters › Recordkeeping Requirements for Qualified Financial Contracts Final Rule

Financial Institution Letter FIL-146-2008 December 18, 2008 RECORDKEEPING REQUIREMENTS FOR QUALIFIED FINANCIAL CONTRACTS Final Rule Summary: The FDIC has issued the attached final rule (Final Rule … “QFCs” are defined as those qualified financial contracts that are defined in 12 U.S.C. 1821(e)(8)(D) to include securities contracts, commodity contracts, forward contracts, repurchase agreements,