October 21, 2019

October 18, 2019

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CFTC Extends Swap Dealer De Minimis Threshold Until December 2019

On October 26, the Commodity Futures Trading Commission issued an Order that maintains the swap dealer de minimis threshold at $8 billion until a new de minimis threshold phase-in termination date of December 31, 2019. Prior to the Order, the threshold was set to decrease to $3 billion on December 31, 2018.

The CFTC continues to consider additional amendments to the de minimis exception, which could be implemented in 2018.

The CFTC press release is available here.


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About this Author

Kevin M. Foley, Finance Lawyer, Katten Llaw Firm

Kevin M. Foley has extensive experience in commodities law and advises a wide range of clients, both in the United States and abroad, on compliance with the Commodity Exchange Act and the rules of the Commodity Futures Trading Commission (CFTC) affecting traditional exchange-traded products, as well as the over-the-counter markets involving swaps and other derivative instruments. His clients include futures commission merchants, derivatives clearing organizations, designated contract markets, foreign boards of trade and an industry trade association.



Timothy Kertland concentrates his practice on transactional, corporate and regulatory aspects of financial services matters. Timothy is able to provide legal services to a wide variety of clients including proprietary trading firms, hedge funds, broker-dealers, registered investment advisers, and commodity trading advisers.

While in law school, Timothy served as an editor of the Virginia Tax Review. As a first-year law student, he represented the University of Virginia School of Law at the National Transactional LawMeets Competition.