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CFTC Determines to Not Issue Grandfather Relief for Bilateral Exempt Commodity Swaps at this Time; Commits to Using Available Exemptive Authorities in the Future
September 10, 2010--The Commodity Futures Trading Commission (“CFTC”) today issued a notice that it has determined not to issue grandfather relief at this time to parties that petition the Commission to continue to operate in reliance upon the Commodity Exchange Act’s (“CEA’s”) exempt commodity exemption for bilateral swaps after the deletion of that provision from the CEA by the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”).
Effective July 15, 2011, the Dodd-Frank Act will delete various provisions from the CEA that were first established by the Commodity Futures Modernization Act of 2000 to permit the trading of derivative instruments off of regulated markets. Among other such provisions, the Dodd-Frank Act will strike the exempt commodity exemption, which generally provides that bilateral swaps between certain sophisticated counterparties in exempt commodities (i.e., energy and metals products) are exempt from all of the provisions of the CEA, except for the anti-fraud and anti-manipulation provisions.
Although the Dodd-Frank Act authorizes the CFTC to grant grandfather relief to parties seeking to continue their reliance on the exempt commodity exemption after its deletion from the CEA, the CFTC is issuing notice that it will not be granting any such grandfather relief.
Rather than issuing blanket grandfather relief at the present time, the CFTC determined that it is more appropriate to accommodate transitioning issues for bilateral swaps activity in the context of the rulemaking process for Dodd-Frank Act-required regulations. If such activity presents difficulties that cannot be addressed in final regulations, the Commission is committed to use its available exemptive authorities to address such a situation.
Source: CFTC.gov
CFTC.gov Commitments of Traders Reports Update
September 10, 2010---The CFTC.gov Commitments of Traders Reports for the week of September 7, 2010 are now available.
view update
Source: CFTC.gov
Standard & Poor's Announces Changes In S&P/TSX Canadian Indices
September 10, 2010--Standard & Poor's Canadian Index Operations announces the following index changes as a result of the Quarterly S&P/TSX Composite Index Review.
These changes will be effective at the open on Monday, September 20, 2010:
view changes
Source: Standard & Poors
Concurring Statement Regarding the Treatment of Petitions Seeking Grandfather Relief Pursuant to Section 723 of the Dodd-Frank Act for Trading Activity Done in Reliance Upon Section 2(h)(1)-(2)
Commissioner Scott D. O’Malia
September 10, 2010
I concur in the Commission’s decision to presently decline to grant relief under Section 723 of the Dodd-Frank Act to persons transacting business in exempt commodities in reliance upon Sections 2(h)(1)-(2) of the Commodity Exchange Act (the “Act”). While the Commission has chosen to decline to grant relief at this time, it is not restricted from using its authority to address and provide relief to such persons in the future.
. In an effort to proactively ensure the smoothest possible transition of these bilateral markets for transactions in exempt commodities into the new regulatory landscape, it is my hope that the Commission will revisit the issue at least ninety days prior to the Dodd-Frank Act effective date. The Commission remains committed to the efficient functioning of the markets in exempt commodities, and the path that we take in each rulemaking under the Dodd-Frank Act will only be enhanced by the comments we receive. Therefore, I urge all market participants who currently rely on Sections 2(h)(1)-(2) of the Act to help shape the new regulatory frontier by submitting their comments to the Commission.
Source: CFTC.gov
CFTC Grandfather Relief to Exempt Commercial Markets and Exempt Boards of Trade
September 10, 2010-- The Commodity Futures Trading Commission (CFTC) today issued separate orders to permit exempt commercial markets (ECMs) and exempt boards of trade (EBOTs) to continue to operate as ECMs or EBOTS temporarily after the deletion of the ECM- and EBOT-enabling provisions from the Commodity Exchange Act (CEA) by the Dodd-Frank Wall Street Reform and Consumer Protection Act.
The CFTC anticipates that many entities that currently operate as ECMs or EBOTs will seek to become either swap execution facilities (SEFs) or designated contract markets (DCMs) when the CFTC adopts regulations implementing the Dodd-Frank Act’s requirements for those facilities. Although the Commission will be adopting new SEF and DCM regulations prior to July 15, 2011 – the effective date for deleting the ECM and EBOT provisions from the CEA – it also anticipates that, concurrent with the implementation of those new provisions, it will have to process a large number of SEF and DCM applications from ECMs, EBOTs and other interested parties. To ease this congestion of applications and to facilitate the transition of current ECM and EBOT businesses to the new regulatory regime mandated by the Dodd-Frank Act, the Commission determined that it is appropriate to provide grandfather relief to certain ECMs and EBOTs to temporarily continue their ECM and EBOT operations after July 15, 2011.
The two orders set forth various conditions for receiving grandfather relief, including the filing of both a relief petition and a SEF or DCM application with the CFTC.
The orders will become effective upon publication in the Federal Register.
Source: CFTC.gov
CFTC to Host Public Roundtable on the Proposed Ownership and Control Report
September 9, 2010--– Staff from the Commodity Futures Trading Commission (CFTC) will lead a public roundtable on September 16, 2010, to discuss the Commission’s proposed Ownership and Control Report (OCR). The roundtable will provide the public and CFTC staff with an opportunity to address issues raised in the Commission’s notice of proposed rulemaking related to the OCR, published in the Federal Register on July 19, 2010.
As explained in the Notice, the proposed OCR calls for the collection of ownership, control and related information for all trading accounts active on U.S. futures exchanges and other reporting entities.
The OCR roundtable will be held in the Lobby Level Hearing Room of the Commission’s Headquarters, at Three Lafayette Centre, 1155 21st Street, NW, Washington DC. It will be open to the public with seating on a first-come, first-served basis. Members of the public also may listen by telephone. Call-in participants should be prepared to provide their first name, last name and affiliation. The information for the conference call is below.
US/Canada Toll-Free: (866) 312-4390
International Toll: (404) 537-3379
Conference ID: 94281936
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Source: CFTC.gov
EGShares Announces Stock Split
Emerging Markets ETF Provider Brings Key Offerings Within Reach of More
Investors
September 8, 2010--EGA Emerging Global Shares (EGShares) announced today a 2-for-1 stock split for
three of its exchange traded funds (ETFs), and a 3-for-1 stock split for one of
its ETFs.
A 2-for-1 stock split will be conducted for EGShares` Emerging Markets Composite
ETF (NYSE Arca: EEG); Emerging Markets Energy ETF (NYSE Arca: EEO); and Emerging Markets Financials ETF (NYSE Arca: EFN). A 3-for-1 stock split will be conducted for the company`s Emerging Markets Metals/Mining ETF (NYSE Arca: EMT).
"At EGShares, our goal is to provide both individual and institutional investors with exposure to emerging markets in the most efficient manner," said Robert Holderith, President and CEO of EGShares. "With the performance of emerging market equities in the last 18 months, an analysis of our funds led us to the conclusion that four of our ETFs were being offered at prices which may put them out of the reach of some investors interested in buying 100 or more shares. The
decision to split these stocks is perfectly aligned with our mission of
providing investors with access to some of the world`s fastest growing
economies."
The 2-for-1 split will lower the share price of each of EEG, EEO and EFN by half their pre-split level and double the number of outstanding shares. The 3-for-1 split will lower the share price of EMT by a third its pre-split level and triple the number of outstanding shares.
The share split allows each shareholder-of-record of EEG, EEO and EFN at the close of business on September 13, 2010 to receive one additional share for every share of the ETF held on that date. Each EMT shareholder-of-record, at the close of business on September 13, 2010, will receive two additional shares for every share of the ETF held on that date.
The shares will be payable after the close of trading on September 15, 2010.
The shares will trade at the new split-adjusted basis beginning September 16,
2010. The additional shares are expected to be distributed to shareholder
accounts on September 21, 2010.
Source: Emerging Global Advisors LLC
Regular Review Results for Dow Jones Islamic Market Indexes
September 9, 2010-- Dow Jones Indexes, a leading global index provider, today announced the results of the regular annual and regular quarterly review of the Dow Jones Islamic Market Indexes. All changes will be effective after the close of trading on Friday, September 17, 2010.
In the Dow Jones Islamic Market China/Hong Kong 30 Index, the following four components will be added: GOME Electrical Appliances Holding Ltd. (Hong Kong, Retail, 0493.HK), Geely Automobile Holdings Ltd. (Hong Kong, Automobiles & Parts, 0175.HK), Anta Sports Products Ltd. (Hong Kong, Personal & Household Goods, 2020.HK) and China Dongxiang Group Co. Ltd. (Hong Kong, Retail, 3818.HK). Companies exiting the index: Cheung Kong Infrastructure Holdings Ltd. (Hong Kong, Construction & Materials, 1038.HK), Kingboard Chemical Holdings Ltd. (Hong Kong, Chemicals, 0148.HK), Pacific Basin Shipping Ltd. (Hong Kong, Industrial Goods & Services, 2343.HK) and China Unicom (Hong Kong) Ltd. (China, Telecommunications, 0762.HK).
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Source: Dow Jones Indexes
CFTC, SEC to Host September 15 Roundtable on Swap Execution Facilities and Security-Based Swap Execution Facilities
September 9, 2010--The Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC) will hold a public roundtable on September 15 to discuss issues related to Swap Execution Facilities and Security-Based Swap Execution Facilities.
The roundtable will assist both agencies in the rulemaking process to implement the Dodd-Frank Wall Street Reform and Consumer Protection Act.
The roundtable on Swap Execution Facilities and Security-Based Swap Execution Facilities will be held in the Auditorium (Room L-002) at the SEC Headquarters located at 100 F Street NE, Washington, DC. The discussions will be open to the public with seating on a first-come, first-served basis. Members of the public also may listen by telephone and should be prepared to provide their first name, last name, and affiliation.
read more
Source: CFTC.gov
Standard & Poor's Announces Changes In The S&P/TSX Venture Composite Index
September 9, 2010-Standard & Poor's will make the following changes in the S&P/TSX Venture Composite Index after the close of trading on Thursday, September 9, 2010:
Waldron Energy Corporation (TSXVN:WDN) will be removed from the index.
The company will graduate to trade on TSX under the same ticker symbol.
Company additions to and deletions from an S&P equity index do not in any way reflect an opinion on the investment merits of the company.
Source: Standard & Poors
