ARTICLE
20 October 2014

Swap Provisions Of Dodd-Frank Act: Cost-Benefit Analysis And Judicial Review

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Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act1 (the Dodd-Frank Act or the Act) established a comprehensive new regulatory framework for the previously unregulated swaps and security-based swaps markets.
United States Finance and Banking

Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act1 (the Dodd-Frank Act or the Act) established a comprehensive new regulatory framework for the previously unregulated swaps and security-based swaps markets. The Dodd-Frank Act directed the Commodity Futures Trading Commission (CFTC or commission) and Securities and Exchange Commission (SEC) to write a variety of rules to reduce the systemic risks presented by the derivatives markets and to increase the transparency of those markets. The new rules were to provide for the mandatory clearing for standardized swaps and security-based swaps; the trading of those standardized instruments on transparent, regulated facilities; registration, capital requirements, and business conduct standards for dealers and other large market participants in such financial instruments; comprehensive reporting requirements; and enhanced enforcement authorities.

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Originally published from Banking & Financial Services, September 2014, Aspen Publishers, a WoltersKluwer Company

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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