On March 24, the National Futures Association (NFA) issued Notice I-21-13 to advise member firms that the Interpretive Notice entitled, “NFA Compliance Rules 2-9 and 2-36: Members’ Use of Third-Party Service Providers” (Interpretive Notice) will become effective September 30.
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recordkeeping requirements
FINRA Issues Guidance on Common Sales Charge Discounts and Waivers for Investment Company Products
On March 4, the Financial Industry Regulatory Authority (FINRA) issued Regulatory Notice 21-07 (Notice) providing additional background and guidance on sales charge discounts and waivers for investment company products.
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CFTC Staff Provides Limited Continuation of Certain No-Action Relief to Market Participants in Response to COVID-19
On January 19, the Commodity Futures Trading Commission’s Market Participants Division (MPD) and Division of Market Oversight (DMO) issued CFTC Staff Letter No. 21-04 and Letter No. 21-05 (the Staff Letters) to extend, for a limited time, parts of the temporary no-action relief granted in response to the COVID-19 pandemic, which expired on January 15.
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CFTC to Hold an Open Commission Meeting on September 17
The Commodity Futures Trading Commission will hold an open meeting on September 17, from 10:00 a.m. to 3:00 p.m. ET, to consider adopting several final rules, including with respect to:
- registration with alternative compliance for non-US derivative clearing organizations;
- amendments to real-time public reporting requirements under the CFTC’s Part 43 rules;
- amendments to swap data recordkeeping and reporting requirements under the CFTC’s Part 45 rules; and
- amendments to the CFTC’s regulations relating to certain swap data repository and data reporting requirements.
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FINRA Proposes Extension to Temporary Rule Change of Certain Timing, Method of Service and Other Procedural Requirements in FINRA Rules
On July 27, the Financial Industry Regulatory Authority (FINRA) filed with the Securities and Exchange Commission a proposed rule change to extend the expiration of the temporary amendments to some timing, method of service and other procedural requirements in SR-FINRA-2020-015, previously discussed in the May 15, 2020 edition of Corporate & Financial Weekly Digest.…
CFTC Extends No-Action Relief to Registrants In Response to COVID-19 Pandemic
On June 9, at the request of the Futures Industry Association, the International Swaps and Derivatives Association, and the Securities Industry and Financial Markets Association, the Commodity Futures Trading Commission’s (CFTC) Division of Swap Dealer and Intermediary Oversight (DSIO) and Division of Market Oversight (DMO) announced that they have extended no-action relief that was set to expire on June 30.
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FINRA Proposes Rule Change to Temporarily Amend Certain Timing, Method of Service and Other Procedural Requirements in FINRA Rules
On May 8, the Financial Industry Regulatory Authority (FINRA) filed with the Securities and Exchange Commission proposed amendments to various FINRA Rules to provide FINRA with temporary relief from certain timing, method of service and other procedural requirements during the period in which FINRA’s operations are impacted by the COVID-19 outbreak in order to protect…
CFTC Approves Final Rules Regarding Margin Requirements for ESM and Consumer Privacy
On April 14, the Commodity Futures Trading Commission (CFTC) unanimously approved two final rules as follows:
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SEC Staff Issues Statement Regarding Authentication Documentation Retention Requirements in Light of COVID-19 Concerns
On March 24, the Securities and Exchange Commission, on behalf of the staffs of the Division of Corporation Finance, the Division of Investment Management and the Division of Trading and Markets issued an announcement with respect to the authentication document retention requirements of Rule 302(b) of Regulation S-T in light of health, transportation and other logistical issues raised by the spread of COVID-19. Rule 302(b) requires that each signatory manually sign a signature page or other document authenticating his or her signature that appears in typed form within the electronic filing with the SEC.
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ESMA Publishes Statement on MiFID II Telephone Conversation Requirements During the COVID-19 Pandemic
On March 20, the European Securities and Markets Authority (ESMA) issued a statement to clarify how credit institutions and investment firms can handle the issue of recording telephone conversations under the revised Markets in Financial Instruments Directive (MiFID II) during the continuing COVID-19 pandemic (the Statement).
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