ARTICLE
19 May 2016

Business Conduct Standards For Security-Based Swap Deals And Major Security-Based Swap Participants

AO
A&O Shearman

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A&O Shearman was formed in 2024 via the merger of two historic firms, Allen & Overy and Shearman & Sterling. With nearly 4,000 lawyers globally, we are equally fluent in English law, U.S. law and the laws of the world’s most dynamic markets. This combination creates a new kind of law firm, one built to achieve unparalleled outcomes for our clients on their most complex, multijurisdictional matters – everywhere in the world. A firm that advises at the forefront of the forces changing the current of global business and that is unrivalled in its global strength. Our clients benefit from the collective experience of teams who work with many of the world’s most influential companies and institutions, and have a history of precedent-setting innovations. Together our lawyers advise more than a third of NYSE-listed businesses, a fifth of the NASDAQ and a notable proportion of the London Stock Exchange, the Euronext, Euronext Paris and the Tokyo and Hong Kong Stock Exchanges.
The final rules become effective 60 days after publication in the Federal Register.
United States Finance and Banking

On April 15 2016 the Securities and Exchange Commission (SEC) – in its ongoing effort to regulate the over-the-counter security-based swap markets – adopted final rules under Title VII of the Dodd- Frank Act implementing comprehensive business conduct standards and chief compliance officer requirements for security-based swap dealers and major security-based swap participants. The SEC's final rules impose on such entities:

  • an obligation to facilitate informed customer decision making;
  • requirements to enhance transparency with customers; and
  • supervision and chief compliance officer requirements, among other enhanced professional standards of conduct.

The rules also address their cross-border application and the availability of substituted compliance.

The final rules become effective 60 days after publication in the Federal Register. The compliance date for the customer protection rules will be based on the compliance date of the registration rules for security-based swap dealers and major security-based swap participants.

The full text of the SEC final rules is available at www.sec.gov/rules/final/2016/34-77617.pdf.

Previously published by International Law Office

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