Revisions to Business Conduct and Swap Documentation Requirements for Swap Dealers and Major Swap Participants

The Commodity Futures Trading Commission ("CFTC" or "Commission") is adopting a final rule (the "Final Rule") amending certain of the Commission's business conduct and documentation requirements applicable to swap dealers and major swap participants. The Final Rule provides exceptions to compliance with such requirements when executing swaps that are intended by the parties to be cleared contemporaneously with execution, or subject to prime broker arrangements that meet certain qualifying conditions, and makes certain other changes discussed herein. The adopted amendments supersede certain no-action positions issued by the Commission's Market Participants Division ("MPD"), which the Commission expects MPD to terminate in due course.