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Opening Statement, Open Meeting to Consider Effective Dates of Provisions in the Dodd-Frank Act
Commissioner Jill E. Sommers
June 14, 2011--Today we are dealing with an issue of great importance to me, providing some certainty to swap market participants concerning the status of their swap transactions on July 16 – the general effective date of Dodd-Frank. First let me say that I intend to vote for this relief because I believe the markets need guidance from the Commission as soon as possible, but I do so reluctantly.
The legal certainty provisions added by the CFMA in 2000 were critical to market participants and I believe that by passing Dodd-Frank and repealing those provisions of the CFMA, Congress in no way intended to decrease the confidence in the markets. Yet that is what has happened. For months I have been talking about the legal uncertainty that would arise on July 16th, and have said that the Commission needed to act sooner rather than later. Market participants have said the same thing. Instead of acting sooner, we are acting later, even though we have all known for many months that despite our best efforts, regulations implementing the new regulatory regime would never be finalized and effective by July 16th.
As a result of waiting until the last minute, we have needlessly allowed uncertainty to mount among market participants. As an example, it has been reported to me that as a result of uncertainty surrounding the applicability of business conduct standards for swap dealers, some swap dealers have already informed their pension fund swap counterparties that as of July 16th they will no longer be able to act as counterparties to pension funds. DCO’s are wondering if they are required to have Chief Compliance Officers in place. This kind of ambiguity is not acceptable.
US derivatives reforms to be delayed till end 2011
June 14, 2011--Derivatives rules are set to be delayed by six months in an effort to quell legal uncertainty around financial reform that some worry could roil markets.
Gary Gensler, chairman of the Commodity Futures Trading Commission, said officials would miss a July 16 deadline to finalise rules stemming from the sweeping Dodd-Frank financial reforms passed last year.
Annual Changes to the NASDAQ OMX Global Auto Index
June 13, 2011-- The NASDAQ OMX Group, Inc. (Nasdaq:NDAQ) announced today the results of the annual evaluation of the NASDAQ OMX Global Auto Index (Nasdaq:QAUTO), which will become effective prior to market open on June 20, 2011.
The following six securities will be added to the Index: Ssangyong Motor Company (003620 KP), Geely Automobile Holdings Limited (175 HK), Sanyang Industrial Co., Ltd. (2206 TT), Yulon Nissan Motor Co., Ltd. (2227 TT), AviChina Industry & Technology Company Limited (2357 HK) and Piaggio & C. S.p.A. (PIA IM).
The Index is designed to track the performance of the largest and most liquid companies engaged in manufacturing of automobiles. The NASDAQ OMX Global Auto Index is evaluated annually in June. For more information about the NASDAQ OMX Global Auto Index, including detailed eligibility criteria, visit https://indexes.nasdaqomx.com/.
As a result of the evaluation, the following security will be removed from the Index:
Chongqing Changan Automobile Co., Ltd. (200625 CS).
Guggenheim Expands International ETF Suite with High Yield Dividend ETF
June 13, 2011--Guggenheim Funds Distributors, Inc. announced the launch of the Guggenheim ABC High Dividend ETF (NYSE Arca:ABCS - News). The new offering from Guggenheim will seek to replicate the BNY Mellon ABC Index (the “Index”) by providing investors with exposure to high-yielding mature companies from the commodity-rich countries of Australia, Brazil and Canada.
“The global supply of commodity and natural resources is expected to become further constrained such that it will be unlikely to keep pace with global population growth,” explained Scott Minerd, Chief Investment Officer, Guggenheim Partners. “Australia, Brazil and Canada are uniquely positioned as a result of vast commodity deposits. These global supply and demand dynamics are likely to place upward pressure on natural resources and commodity prices, thereby leading to attractive investment opportunities.”
Mr. Minerd believes having access to higher-yielding companies from commodity-rich Australia, Brazil and Canada offers investors a high level of dividend income potential. During inflationary periods in commodity-linked economies, many companies—not just energy and materials producers—tend to flourish as overall profits and employment rise with their country’s export sector.
US investors still laggards on climate change, report says
June 13, 2011-- US investors continue to lag behind their counterparts in Europe, Australia and New Zealand when it comes to climate change, according to a joint report by the Institutional Investors Group on Climate Change (IIGCC), the North American Investor Network on Climate Risk (INCR) and the Australia/New Zealand Investor Group on Climate Change (IGCC).
The report shows asset owners and asset managers understand the importance of addressing climate change through their investment practices and are making significant progress in a variety of areas.
Global X Funds SuperDividend ETF (SDIV) Attracts Huge Trading Volume
June 13, 2011--Global X Funds, the New York-based provider of exchange- traded funds (ETFs), today announces that the Global X SuperDividend™ ETF (Ticker: SDIV) is among the 2011 ETF launches that generated the highest trading volume on the first day of trading.
The fund started trading on the NYSE Arca on June 9, 2011 and traded 320,924 shares with a total value of $7,999,710 million. SDIV is the third most traded ETF on the first day of trading out of 161 fund launches thus far for 2011*.
The Global X SuperDividend™ ETF tracks the Solactive Global SuperDividend™ Index, which measures the performance of 100 equally weighted companies that rank among the highest dividend yielding equity securities in the world. The index provider applies certain dividend stability filters. With equal weighting across a diverse group of 100 securities, investors may have less risk exposure in the event that a single company depreciates in price or reduces its dividend.
"Global X Funds received the most innovative North American ETF company prize by both US and European institutions," said Bruno del Ama, chief executive officer of Global X Funds. "The Global X SuperDividend™ ETF may be our most innovative ETF to date and we are pleased to see investors embracing SDIV from day one."
Precidian files with the SEC
June 13, 2011--Precidian Funds LLC
has filed a pre-effective amendment, registration statement with the SEC for the MAXISsm Nikkei 225 Index Fund (Ticker: NKY).
view filing
ISE Restructures Competitive Market Maker Trading Rights
June 13, 2011--The International Securities Exchange (ISE) has filed a proposal with the Securities and Exchange Commission (SEC) to restructure the Competitive Market Maker (CMM) trading rights on its options exchange.
The new structure will grant greater flexibility to existing CMMs to select the options classes they would like to quote. It also opens up the opportunity for new liquidity providers to join ISE as CMM members. Implementation of the new structure is subject to SEC approval.
Gary Katz, President and CEO of ISE, stated, "The new structure for CMM trading rights will make it more cost-effective for market makers to provide liquidity on ISE and will afford them greater flexibility and control over their quoting obligations. This new framework creates a more attractive structure for existing CMMs and for potential new liquidity providers, who will now have an expanded opportunity to join ISE's market making community."
US equity outflows largest in 10 months
June 10, 2011--Retail and institutional investors have withdrawn the most money out of US equity funds since mid-August, according to the latest weekly data from EPFR Global.Redemptions come as worries about the economy and the end of the Federal Reserve bond purchase programme later this month have hit equities, sending the Nasdaq composite index into negative territory for the year on Friday
The turn in sentiment for US equities has been led by retail investors who appear to have followed the adage: ‘sell in May and go away’.Retail investors registered their largest redemptions for the year, at $2.1bn for the week ending June 8, said EPFR.
CFTC.gov Commitments of Traders Reports Update
June 10, 2011--CFTC.gov Commitments of Traders Reports have been updated for the week of June 7, 2011 are now available.
view updates
SEC Proposes Exemptions From Registration Requirements For Security-Based Swaps Issued By Certain Clearing Agencies
May 10, 2011--The Securities and Exchange Commission today proposed rules that would provide certain clearing agencies with exemptions from the registration requirements of the Securities Act of 1933 and the Securities Exchange Act of 1934 for security-based swaps that they issue.
The Dodd-Frank Wall Street Reform and Consumer Protection Act, which established a comprehensive framework for regulating the over-the-counter swaps markets, envisioned that certain security-based swaps would be cleared through a clearing agency. The proposed exemptions would facilitate the clearing of such security-based swaps.
A clearing agency generally acts as a middleman between the parties to a transaction, and when providing central counterparty services, assumes the risk should there be a default. When structured and operated appropriately, such a clearing agency can provide benefits such as improving the management of counterparty risk and reducing outstanding exposures through multilateral netting of trades.
The proposed rules would exempt transactions by clearing agencies in these security-based swaps from all provisions of the Securities Act, other than the Section 17(a) anti-fraud provisions, as well as exempt these security-based swaps from Exchange Act registration requirements and from the provisions of the Trust Indenture Act, provided certain conditions are met. Public comments on the proposed rules should be received by July 25, 2011.
view the proposed rules-EXEMPTIONS FOR SECURITY-BASED SWAPS ISSUED BY CERTAIN CLEARING AGENCIES
SEC Announces Steps to Address One-Year Effective Date of Title VII of Dodd-Frank Act
June 10, 2011--The Securities and Exchange Commission today said it is taking a series of actions in the coming weeks to clarify the requirements that will apply to security-based swap transactions as of July 16 – the effective date of Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act – and to provide appropriate temporary relief.
Title VII is the portion of the Dodd-Frank Act that establishes a comprehensive framework for regulating over-the-counter derivatives. In particular, it authorizes the SEC to regulate “security-based swaps” while also authorizing the CFTC to regulate other swaps. The portion of Title VII referred to as Subsection B, which deals with the new regulatory regime for security-based swaps, will take effect on July 16 (360 days after the date of the Dodd-Frank Act’s enactment).
The Commission will:
Provide guidance regarding which provisions of Subtitle B of Title VII will become operable as of July 16, and, where appropriate, provide temporary relief from several of these provisions.
Provide guidance regarding – and where appropriate, temporary relief from – the various pre-Dodd-Frank provisions of the Exchange Act that would otherwise apply to security-based swaps on July 16. Under Dodd-Frank, security-based swaps would be included in the definition of “security” under the Exchange Act. While such swaps will be subject to provisions addressing fraud and manipulation, the Commission intends to provide temporary relief from certain other provisions of the Exchange Act so that the industry will have time to seek, and the Commission can consider, what if any further guidance or action is required.
Standard & Poor's Announces Changes In The S&P/TSX Canadian Indices
June 10, 2011--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, June 20, 2011:
S&P/TSX COMPOSITE INDEX
| ADDITIONS | |||
| Issue Name | Symbol | 60/Completion | Live Composite GICS Sector Index |
| Athabasca Oil Sands Corp. | ATH | Completion | Energy |
| B2Gold Corp. | BTO | Completion | Materials |
| Bonterra Energy Corp. | BNE | Completion | Energy |
| Canexus Income Fund | CUS.UN | Completion | Materials |
| Capital Power Corporation | CPX | Completion | Utilities |
| Endeavour Silver Corp. | EDR | Completion | Materials |
| Extorre Gold Mines Limited | XG | Completion | Materials |
| MEG Energy Corp. | MEG | Completion | Energy |
| Paramount Resources Ltd. | POU | Completion | Energy |
| Romarco Minerals Inc. | R | Completion | Materials |
| San Gold Corporation | SGR | Completion | Materials |
| Tahoe Resources Inc. | THO | Completion | Materials |
| Tourmaline Oil Corp. | TOU | Completion | Energy |
| Wi-LAN Inc. | WIN | Completion | Information Technology |
JP Morgan files with the SEC
June 10, 2011--JP Morgan has filed an Amendment No.4 to Form S-1 with the SEC for the JPM XF Physical Copper Trust.
view filing
Van Eck files with the SEC
June 10, 2011--Van Eck has filed a post-effective amendment, registration with the SEC for the All China All-Cap ETF
All China Consumer Discretionary Sector ETF
All China Consumer Staples Sector ETF
All China Energy Sector ETF
All China Financial Services Sector ETF
All China Healthcare Sector ETF
All China Industrials Sector ETF
All China Information Technology Sector ETF
All China Materials Sector ETF
All China Utilities Sector ETF
All China Small-Cap ETF
