Listing of New Products for Clearing by a Derivatives Clearing Organization
A derivatives clearing organization (DCO) that accepts for clearing a product that is traded on a designated contract market (DCM) need not notify the CFTC.
A DCO that accepts for clearing a product that is not traded on a DCM must notify the CFTC by filing a self-certification, as described below.
1. The DCO must file its submission electronically with the Secretary of the CFTC at submissions@cftc.gov and at the regional office having local jurisdiction over the DCO (to determine the correct regional office, consult CFTC Regulation 140.2).
2. The submission must include:
a. A Submission Cover Sheet that must be filled out in accordance with the instructions in Appendix D to Part 40;
b. A copy of the rules establishing the terms and conditions of the listed product that make it acceptable for clearing;
c. The intended listing date; and
d. A certification by the DCO that the product to be listed complies with the Commodity Exchange Act and the regulations thereunder.
The CFTC must receive the DCO’s submission at its headquarters by the close of business (4:45 p.m. in Washington, DC) on the business day preceding the day the DCO accepts the product for clearing.
A DCO may request approval of the rules establishing the terms and conditions of the listed product that make it acceptable for clearing. See Requesting Prior Approval of a New DCO Rule or Rule Amendment.