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ICYMI: CFTC Chairman Tarbert Discusses Position Limits On Bloomberg TV
Date 31/01/2020
Chairman Tarbert on the CFTC’s Proposed Rule on Position Limits for Derivatives
“Speculative position limits were something that Congress passed 10 years ago as part of the Dodd-Frank Act. And the goal essentially is to not allow people that are coming into our markets purely to speculate—they’re not hedging anything—to get positions above a certain threshold. And the reason we’re putting these in place is to prevent things like corners and squeezes. But they were never meant to focus on anyone who’s actually hedging. Prior proposals … didn’t get that right. And so we have really focused on American agriculture, [and] the energy sector, to make sure if you’re going to these markets and you’re actually hedging risk, you can do so … We have had countless proposals, countless drafts, four actual proposals that were put before the Commission. We had only one that was finalized, and unfortunately that was struck down by the courts. So here we are—that was one issue … but the bigger issue in my opinion, and the one that Congress is most concerned about, is that previous proposals did not include the right hedging exemptions.”
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SIFMA Statement On Proposed Revisions To The Volcker Rule
Date 30/01/2020
SIFMA today issued the following statement from Kenneth E. Bentsen, Jr., president and CEO, on the newly proposed revisions to the Volcker Rule:
“The current definition of ‘covered fund’ remains significantly overbroad and unduly complex, and the exclusions from the definition are excessively narrow and difficult to implement. This unnecessarily restricts the ability of banking entities to facilitate capital formation in an efficient and safe and sound manner promoting U.S. economic growth and job creation by prohibiting or restricting their ability to provide asset management services, customer facilitation services and long-term debt and equity financing to U.S. businesses indirectly through fund structures, even though they are expressly permitted to do so directly. We are reviewing the proposal with our members and look forward to offering our views during the comment period.”
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FINRA Executive Vice President for Regulatory Policy And Legal Compliance Officer Tom Selman Announces Retirement
Date 30/01/2020
FINRA announced today that Tom Selman, Executive Vice President for Regulatory Policy and Legal Compliance Officer, is retiring after 24 years at the organization.
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CFTC Approves Two Proposed Rules At January 30 Open Meeting - Position Limits Proposal Advances After Long Delay
Date 30/01/2020
The Commodity Futures Trading Commission at its open meeting today approved a proposed rule on position limits for derivatives and a proposed rule amending certain Swap Execution Facilities (SEF) requirements and real-time reporting requirements.
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Myths And Realities: Modernizing The Proxy Rules, SEC Commissioner Elad L. Roisman, Washington D.C., Jan. 30, 2020
Date 30/01/2020
I. Introduction
Thank you, Dean [Steven] Payne and David [Blass] for the kind introduction and for the concise summary of the recent SEC proposals to update the rules governing the solicitation of proxies and submission of shareholder proposals. Thank you also to the Catholic University Columbus School of Law for hosting me and, in particular, to the students, who have come to hear me speak. Before I dive in, I want to make clear that my remarks are my own and do not represent those of the Securities and Exchange Commission (“SEC”) or its other commissioners.
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Statement Of CFTC Commissioner Brian Quintenz In Support Of Proposed Rule: Amendments For Certain Swap Execution Facility Requirements And Real-Time Reporting Requirements
Date 30/01/2020
I support today’s proposal that seeks to resolve through rulemaking three issues currently addressed in staff no-action letters. I believe this proposal is an important first step to provide market participants with much needed regulatory certainty while also promoting swap execution facility (SEF) participation, though regulatory certainty over additional current market practices is necessary as well.
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US Department Of Justice: Last Defendant Convicted In Stanford International Bank $7 Billion Investment Fraud Scheme
Date 30/01/2020
The former chief of Antigua’s Financial Services Regulatory Commission (FSRC) has pleaded guilty for his role in connection with the Stanford International Bank (SIB) Ponzi scheme.
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Dissenting Statement Of CFTC Commissioner Dan M. Berkovitz Regarding Volcker Covered Funds Proposal
Date 30/01/2020
Let’s start by calling the Volcker Covered Fund Proposal (“Proposal”) what it is: a regulatory rollback.[1] Virtually every change in the Proposal creates a new exclusion from the rules, or eliminates or reduces existing requirements. The changes to the regulations run counter to the statutory purpose of prohibiting banks from owning hedge funds and private equity funds. The Proposal fails to analyze or discuss the risks inherent in the banking activities it would permit. It presents a thin veneer of a rationale for many of the changes that were precipitated by complaints from the banking industry. The agencies should be making reasoned decisions to improve the effectiveness of the regulations for the purposes mandated by Congress, not implementing industry-driven rollbacks. I therefore dissent.
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Statement On Proposed Amendments To Modernize And Enhance Financial Disclosures, SEC Commissioner Hester M. Peirce, Jan. 30, 2020
Date 30/01/2020
I am delighted to support the proposed amendments and companion guidance released today. The proposal is the latest in a string of efforts by the Commission to simplify and update disclosure requirements in a way that reduces costs ultimately borne by shareholders while preserving important investor protections. Thank you to the staff of the Divisions of Corporation Finance and Economic and Risk Analysis and to the Office of General Counsel for their efforts on the rulemaking.
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Statement Of Dissent By CFTC Commissioner Rostin Behnam Regarding Volcker Covered Funds Proposal
Date 30/01/2020
I respectfully dissent as to the Commission’s decision to propose more revisions to the Volcker Rule. The Volcker Rule, in simple terms, contains two basic prohibitions for banking entities: (1) they may not engage in proprietary trading; and (2) they cannot have an ownership interest in, sponsor, or have certain relationships with a covered fund.
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