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CFTC’s Division Of Clearing And Risk Provides No-Action Relief To Small Bank Holding Companies And Community Development Financial Institutions

Date 08/01/2016

The U.S. Commodity Futures Trading Commission’s (CFTC) Division of Clearing and Risk today issued no-action relief from the swap clearing requirement to (1) small bank holding companies and savings and loan holding companies having consolidated assets of $10 billion or less and (2) Community Development Financial Institutions that have received a certification from the U.S. Department of the Treasury (CDFIs).

These entities may elect not to clear a swap subject to the CFTC’s clearing requirement provided that they elect the end-user exception (CFTC regulation 50.50) and comply with certain other conditions described in the letters granting relief.