ARTICLE
28 October 2019

SEC Makes Technical Corrections To Final Rule Establishing Swap Capital, Margin And Segregation Requirements

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Cadwalader, Wickersham & Taft LLP

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The SEC made technical corrections to a final rule establishing security-based swap capital, margin and segregation requirements. The effective date is October 21, 2019.
United States Corporate/Commercial Law
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The SEC made technical corrections to a final rule establishing security-based swap capital, margin and segregation requirements. The effective date is October 21, 2019.

As previously covered, the adopted rules will, among other things:

  • establish minimum capital requirements, where there is not a prudential regulator, for security-based swap dealers ("nonbank SBSDs");
  • increase the minimum net capital requirements for broker-dealers that use internal models to compute net capital;
  • adopt capital requirements for security-based swap dealers ("SBSDs") and swap-related amendments to the rules for broker-dealers that are not registered as SBSDs;
  • adopt security-based swap margin requirements for nonbank SBSDs;
  • adopt segregation requirements for SBSDs and stand-alone broker-dealers for cleared and non-cleared security-based swaps; and
  • allow foreign SBSDs to request substituted compliance regarding capital and margin requirements.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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