On December 23, 2020, the Securities and Exchange Commission issued a statement and request for comment relating to custody of digital asset securities by broker-dealers, including certain conditional, time-limited relief for such arrangements. The statement will become effective 60 days after its publication in the Federal Register.
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Elizabeth Organ
SEC Adopts Rules to Modernize Infrastructure for NMS Market Data
On December 9, the Securities and Exchange Commission adopted final rules that aim to modernize the infrastructure related to the collection, consolidation, and dissemination of market data for exchange-listed national market system stocks (referred to “NMS market data”). These final rules update and expand the content of NMS market data (for example, by adding new data fields and defining existing fields with more granularity) and revise the method by which NMS market data are consolidated and disseminated to make the process more competitive and decentralized. The final rules represent a significant step forward in updating the NMS market data system to keep up with modern market developments, as the rules governing the content of, and the process for sending out, NMS market data has not been materially updated since its implementation in the late 1970s.
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SEC Announces Stand-Alone Office Focused on Innovation and Financial Technology
On December 3, the Securities and Exchange Commission announced that its Strategic Hub for Innovation and Financial Technology (FinHub), will migrate from its current position within the Division of Corporate Finance and be designated as a stand-alone office. FinHub will continue to be led by Valerie A. Szczepanik, who will become its first director and will report directly to the SEC Chairman. FinHub leads the SEC’s work in encouraging responsible innovation in the financial sector, including through the use of new technologies and business models. FinHub engages directly with market participants to further these efforts.
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CFTC Approves Changes to Swap Clearing Requirement Exemptions
On November 2, the Commodity Futures Trading Commission (CFTC) voted to approve final rules that exempt swaps entered into by certain financial institutions from the CFTC’s clearing requirement under Section 2(h)(1) of the Commodity Exchange Act.
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CFTC Approves Eris Clearing, LLC to Clear Fully-Collateralized Swaps
The Commodity Futures Trading Commission (CFTC) has approved an amended order authorizing Eris Clearing LLC (Eris) to clear additional products.
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CFTC Approves KalshiEX LLC as Designated Contract Market
On November 4, the Commodity Futures Trading Commission (CFTC) announced that it had approved the application of KalshiEX LLC for designation as a contract market under Section 5 of the Commodity Exchange Act and Part 38 of the CFTC’s regulations.
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CFTC Expands Its Part 30 Exemptive Program of International Cooperation
On November 2, the Commodity Futures Trading Commission (CFTC) issued Part 30 exemptive orders to multiple non-US intermediaries, upon determining that they are subject to comparable customer protection standards in their home jurisdiction.
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CFTC Approves SEF Registration Exemptions for Additional Recognized Market Operators in Singapore
On November 2, the Commodity Futures Trading Commission (CFTC) issued an amended order exempting eight Recognized Market Operators (RMOs) authorized within Singapore from swap execution facility (SEF) registration requirements.
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New FAQs Published Regarding the Post-Trade Name Give-Up Rule in CFTC Regulation 37.9(d)
The Commodity Futures Trading Commission has published certain FAQs prepared by the Division of Market Oversight (DMO) in response to questions from market participants on the post-trade name give-up rule prior to the November 1 compliance date.
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CFTC Staff Provides Reporting Relief for Swaps Related to Certain Upcoming DCO Auctions
On October 13, the Division of Market Oversight (DMO) of the Commodity Futures Trading Commission issued two no-action letters that provide limited relief from swap transaction and pricing data reporting requirements for specific derivatives clearing organizations (DCOs) and market participants that take part in upcoming DCO auctions intended to assist in transitioning certain cleared swaps…