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10 Aug 2022, 9:01 pm
ENDNOTES [1] See Commodity Futures Trading Commission, “CFTC and SEC Approve Confidential Private Fund Risk Reporting” (Oct. 31, 2011), available at https://www.cftc.gov/PressRoom/PressReleases/6132-11 [read post]
4 Aug 2022, 9:04 pm
The bill would provide the Commodity Futures Trading Commission (CFTC) with the exclusive authority to regulate trading of digital commodities by amending the definition of “commodity” in the Commodity Exchange Act to include “digital commodities” and requiring companies that offer digital commodity platforms to register with the CFTC. [read post]
3 Aug 2022, 12:16 pm
However, the most important piece of this bill is that it would place the responsibility for regulating crypto assets with the Commodity Futures Trading Commission (“CFTC”) rather than with the SEC. [read post]
2 Aug 2022, 11:04 am
Caroline Pham, a Republican member of the Commodity Futures Trading Commission, characterized the SEC’s action as a “striking example of regulation by enforcement. [read post]
1 Aug 2022, 12:07 pm
For instance, in March the Securities and Exchange Commission (SEC) proposed rules to enhance and standardize climate-related disclosures for investors, in May the SEC proposed enhanced environmental, social, and governance (ESG) disclosures, in June the Commodity Futures Trading Commission (CFTC) published a request for information on all aspects of climate-related financial risk related to derivatives markets underlying commodities markets, and… [read post]
1 Aug 2022, 10:28 am
The industry says it’s a commodity and should be governed by the Commodity and Futures Trading Commission (CFTC). [read post]
31 Jul 2022, 9:09 pm
The crypto firm FTX recently applied to the Commodity Futures Trading Commission (CFTC) for authorization to clear margined products for retail investors in a “non-intermediated” fashion. [read post]
29 Jul 2022, 3:30 am
Any shortfall must be reported immediately to the Commodity Futures Trading Commission. 17 C.F.R. [read post]
28 Jul 2022, 8:23 am
Any shortfall must be reported immediately to the Commodity Futures Trading Commission. 17 C.F.R. [read post]
27 Jul 2022, 9:01 pm
As discussed below, this approach brought an unusual and sharp response from a commissioner of the Commodities Future Trading Commission (CFTC), raising many questions about the complaint’s implications for Web3. [read post]
23 Jul 2022, 12:36 pm
The SEC is adding rules and changing definitions, then suing people for violating rules or definitions that did not exist at the time of their conduct.And in case you think I am simply a securities defense attorney arguing defenses, CNBC is reporting:Caroline Pham, commissioner of the Commodity Futures Trading Commission, also weighed in on the case Thursday, calling the SEC securities fraud charges a “striking example of ‘regulation by enforcement. [read post]
21 Jul 2022, 7:02 am
With the Commodity Futures Trading Commission (“CFTC”) recognizing certain digital assets as commodities, proper registration with the CFTC is required (or an appropriate exemption from registration must be utilized) if managers plan to trade cryptocurrency futures on registered exchanges. [read post]
21 Jul 2022, 3:02 am
With the Commodity Futures Trading Commission (“CFTC”) recognizing certain digital assets as commodities, proper registration with the CFTC is required (or an appropriate exemption from registration must be utilized) if managers plan to trade cryptocurrency futures on registered exchanges. [read post]
19 Jul 2022, 4:50 pm
” Additionally, the Commodities Futures Trading Commission charged a leading cryptocurrency exchange with making false and/or misleading statements in connection with the self-certification of a bitcoin futures product. [read post]
18 Jul 2022, 11:30 pm
The stupendous rise of this market and vast sums of dollars being paid for NFTs has raised alarm bells at the Securities and Exchange Commission (SEC), the Commodities Futures Trading Commission (CFTC), the Treasury Department, and Congress. [read post]
26 Jun 2022, 9:05 pm
On June 10, 2022, U.S. senators Cynthia Lummis (R-WY) and Kirsten Gillibrand (D-NY) introduced S. 4356, their Responsible Financial Innovation Act, to transfer most regulation of cryptoproducts to the Commodity Futures Trading Commission (CFTC}, essentially ousting the SEC, presumably perceived to be a more aggressive regulator, from oversight of cryptoproducts that were securities. [read post]
23 Jun 2022, 9:01 pm
We used to focus on companies’ disclosure of economically material information; we now focus on disclosure of hot-button matters outside our remit.[3] We once sought to protect retail investors; we now rush to the aid of professional investors.[4] We once worked to help small and emerging companies raise the funds that are their lifeblood; we now work to increase their costs and shrink their investor base.[5] We once hoped to increase the ranks of public companies by making it less costly and… [read post]
22 Jun 2022, 9:01 pm
The co-sponsorship by Lummis and Gillibrand is noteworthy not only because the legislators are from different parties, but also because Lummis is a member of the Banking Committee, which oversees the SEC, and Gillibrand is a member of the Senate Agriculture Committee, which oversees the Commodity Futures Trading Commission (CFTC). [read post]
16 Jun 2022, 9:05 pm
[Editor’s Note: This post is based on a comment letter submitted to the U.S. [read post]
10 Jun 2022, 7:22 am
And, as expected, the legislation would grant new powers and a commanding presence to the Commodity Futures Trading Commission. . . . [read post]
