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Abstract: 

The Dodd-Frank Act, among its other financial reform measures, brings the over-the-counter derivatives markets under the regulatory umbrella of the CFTC and SEC. Although we must still wait for final regulations to be issued by the regulatory agencies, it is clear the landscape has changed: OTC derivatives—along with commodity futures products—are now regulated products, and their intermediaries and users are about to become regulated entities. This article details Title VII’s provisions regarding various types of derivatives transactions, and the division of regulatory authority between the federal agencies that will regulate them.

Keywords: Swaps; Dodd-Frank Act; Commodity Futures Trading Commission; derivatives regulation; Wall Street reform; clearing and execution requirements

Affiliations:  1: Henderson & Lyman.