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The National Futures Association ("NFA") submitted comments to the CFTC regarding the proposed amendment to CFTC Rules Part 170 ("Registered Futures Associations"), which would require all persons registered with the CFTC as introducing brokers ("IBs"), commodity pool operators ("CPOs"), and commodity trading advisors ("CTAs") to become members of a registered futures association ("RFA"); i.e., the NFA. According to the comment letter, NFA agreed with the CFTC's analysis that given the unique nature of the swaps markets, IBs, CPOs, and CTAs engaging in swap transactions with clients may not be

Steven Lofchie Commentary by Steven Lofchie

The CFTC Division of Market Oversight ("DMO") certified Javelin SEF LLC's ("Javelin") self-certification of certain interest rate swap contracts has been made available-to-trade ("MAT Determinations"). The CFTC stated that swaps subject to MAT Determinations, whether offered by Javelin or any other swap execution facility ("SEF") or designated contract market ("DCM"), will become subject to the trade execution requirement under Section 2(h)(8) of the CEA 30 days after certification. In the case of these interest rate swap contract MAT Determinations, the requirement will be effective as of

The SEC published the temporary stay of the final rules regarding municipal advisor registration in the Federal Register. The SEC announced that it is staying temporary Exchange Act Rules 15Ba1-1 ("Definitions") through 15Ba1-8 ("Books and Records to Be Made and Maintained by Municipal Advisors"), Rule 15Bc4-1 ("Persons Associated with Municipal Advisors"), and Forms MA, MA-I, MA-W and MA-NR ("Forms") until July 1, 2014. The stay of the Rules and Forms means that persons are not required to comply with the new registration rules until July 1, 2014. See: 79 FR 2777. Related news: SEC Delays

The Managed Finds Association ("MFA") issued its 2013 Year in Review Report, which covers the challenges and accomplishments of the MFA. The MFA stated that it had a successful year, "actively engaging with regulators all over the world" by advocating legislation, rulemakings and policies significant to the global funds industry. The report briefly covers the following legislative and regulatory issues: General Solicitation under the JOBS Act; Adviser Registration and Regulation; Advisers Act Advertising Rules; Bad Actor Rules; Capital Formation; Unrelated Business Income Tax ("UBIT"); FATCA

The ISDA, SIFMA and the Institute of International Bankers ("IIB") (together, the "Associations") filed an opposition to the CFTC's motion for the Court's delay in ruling on their amended complaint against the CFTC. The Association's amended complaint asserts that the CFTC Interpretive Guidance and Policy Statement Regarding Compliance with Certain Swap Regulations ("Cross-Border Rule") and related actions were issued in violation of the Administrative Procedure Act ("APA"). In particular, the complainants allege that, in issuing the guidance, the CFTC failed to consider cross-border