76 FR XXX (SEC Release Nos. 33-9257 / 34-65262 / IA-3271 / IC-29781) September 6, 2011 The SEC invited public comment on the development of a plan to retrospectively review its regulations. The comment request is a result of a recent Executive Order requiring "independent" agencies to reassess certain of their regulations. The SEC's release is also likely a reflection of increased attention of the significance of the regulators performing, or failing to perform, cost-benefit analyses on proposed regulations. On the other hand, it is not at clear that the SEC has the resources to conduct a
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SEC Brief in SEC v. Kramer August 19, 2011 The SEC submitted a brief to the Eleventh Circuit Court of Appeals to appeal a lower court decision relating to the distinction between a "finder" and a "broker" for the purposes of the registration requirements under the Exchange Act. The case involves a defendant who, among other things, solicited sales of stock in a company, pursuant to a "cooperative" agreement to share business and split fees with a registered broker. The registered broker sold shares in the company, for which the unregistered defendant received compensation. The lower court took
The CFTC approved by a vote of 4-1 two proposed rules: (1) Documentation and Margining, and (2) Mandatory Clearing and Trading Implementation. The CFTC also discussed and vote on approving an International Organization of Securities Commissions (IOSCO) report: Principles for the Regulation and Supervision of Commodity Derivatives Markets Links to the Commissioner's Opening Statements, the Chairman's Statements on Support of the Dodd-Frank Rulemakings, and Additional Information (Fact Sheets and Questions and Answers related to each rulemaking) may be found by clicking the Open Meeting link
76 FR 54538 September 1, 2011 The CFTC is adopting regulations to implement section 21 of the Commodity Exchange Act, which establishes registration requirements, statutory duties, core principles and certain compliance obligations for registered swap data repositories ("SDRs"). The rules prescribe procedures and substantive requirements for registration as an SDR. The rules also provide for certification of SDRs located outside the U.S. Effective Date: October 31, 2011 Cross References: Dodd-Frank Act Section 728; new CEA Sec. 21; 17 CFR Part 49
Her Majesty's Courts and Tribunals Service September 1, 2011 The FSA imposed sanctions on Mr Jason Geddis in relation to market abuse committed by him during trading on the London Metal Exchange on 21 November 2008. In its Decision Notice dated 11 June 2010 the FSA decided to impose a penalty of £25,000, and made a prohibition order preventing him from performing any function in relation to any regulated activities. Mr Geddis referred the matter to the Upper Tribunal (the " Tribunal"), contending that the imposed sanctions were excessive and that he should have been subject to no more than a