Segregation and Bankruptcy

Segregation & Bankruptcy for both Cleared and Uncleared Swaps

The Commission issued final rules to implement segregation rules for cleared swaps pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act.

The Commission issued proposed rules to implement segregation rules for uncleared swaps to implement the Dodd-Frank Act.  The Comment Period has closed.

Information regarding Segregation & Bankruptcy for both Cleared and Uncleared Swaps is provided below, including factsheets for each rule, and details of meetings held between CFTC staff and outside parties.

Related Federal Register Releases

Final Rule: 78 FR 66621 // PDF Version
11/6/2013
17 CFR Parts 23 and 190 Protection of Collateral of Counterparties to Uncleared Swaps; Treatment of Securities in a Portfolio Margining Account in a Commodity Broker Bankruptcy
Effective Date: Monday, January 06, 2014

Final Rule: 77 FR 6336 //PDF Version
2/7/2012
17 CFR Parts 22 and 190 Protection of Cleared Swaps Customer Contracts and Collateral; Conforming Amendments to the Commodity Broker Bankruptcy Provisions
Effective Date: April 9, 2012

Proposed Rule76 FR 33818 // PDF Version
6/9/2011
17 CFR Parts 22 and 190 Protection of Cleared Swaps Customer Contracts and Collateral; Conforming Amendments to the Commodity Broker Bankruptcy Provisions
Comment File - Closing Date: 8/8/2011
----See Also----
     76 FR 35141 // PDF Version
     6/16/2011
     Correction: 17 CFR Parts 22 and 190 Protection of Cleared Swaps Customer Contracts and Collateral; Conforming Amendments to the Commodity Broker Bankruptcy Provisions; Correction

Proposed Rule: 75 FR 75432  //  PDF Version
12/3/2010
17 CFR Parts 23 and 190 Protection of Collateral of Counterparties to Uncleared Swaps; Treatment of Securities in a Portfolio Margining Account in a Commodity Broker Bankruptcy
Comment File -  Extended Date: 6/3/2011

Proposed Rule: 75 FR 75162  //  PDF Version
12/2/2010
17 CFR Part 190 Protection of Cleared Swaps Customers Before and After Commodity Broker Bankruptcies
Comment File - Closing Date: 1/18/2011

Additional Information

Fact Sheet: Final Rule on the Protection of Cleared Swaps Customer Contracts and Collateral and Conforming Amendments to the Commodity Broker Bankruptcy Provisions
Q&A: Final Rule on the Protection of Cleared Swaps Customer Contracts and Collateral; Conforming Amendments to the Commodity Broker Bankruptcy Provisions

Event: Open Meeting on Three Final Rules, One Proposed Rule and a Delegation of Authority Order

Event: CFTC Staff Roundtable to Discuss Protection of Cleared Swaps Customer Collateral
- Transcript
- Roundtable Comment File

Fact Sheet: Proposed Rule on the Protection of Cleared Swaps Customer Contracts and Collateral and Conforming Amendments to the Commodity Broker Bankruptcy Provisions
Q&A: Protection of Cleared Swaps Customer Contracts and Collateral

Event: Open Meeting on Fourteenth Series of Proposed Rules under the Dodd-Frank Act

Fact Sheet: Advanced Notice of Proposed Rulemaking on Protection of Cleared Swaps Customers Before And After Commodity Broker Bankruptcies
Q&A: Protection of Cleared Swaps Customers Before And After Commodity Broker Bankruptcies

Fact Sheet: Proposed Rule on Protection of Collateral of Counterparties to Uncleared Swaps
Q&A: Protection of Collateral of Counterparties to Uncleared Swaps

Event: Open Meeting on Fifth Series of Proposed Rules under the Dodd-Frank Act