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ARTICLE · 25 FEBRUARY 2011

US Commodity Futures Trading Commission Issues Proposed Rules Regarding Swap Trading Relationship Documentation

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In two separate, but related, notices of proposed rulemaking (NOPRs) published in the "Federal Register" on February 8, 2011, the US Commodity Futures Trading Commission (CFTC) has proposed rules to implement the requirements of Section 731 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act), which added new section 4s to the Commodity Exchange Act (CEA).

United StatesFinance and Banking
J. Paul Forrester
J. Paul Forrester
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Originally published February 15, 2011

Keywords: commodity futures trading commission, CFTC, Section 731, Dodd-Frank, commodity exchange act, CEA, NOPR

In two separate, but related, notices of proposed rulemaking (NOPRs) published in the Federal Register on February 8, 2011, the US Commodity Futures Trading Commission (CFTC) has proposed rules to implement the requirements of Section 731 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act), which added new section 4s to the Commodity Exchange Act (CEA). The proposed rules regarding swap trading relationship documentation would be contained in a new 17 CFR Part 23. The first of these NOPRs (the Primary Swap Documentation NOPR) proposes rules that require the CFTC to prescribe standards for swap dealers (SDs) and major swap participants (MSPs) related to the timely and accurate confirmation, processing, netting, documentation and valuation of swaps. The second NOPR (the Swap OLA

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