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SEC Adopts Capital, Margin and Segregation Requirements for Security-Based Swap Dealers and Major Participants
Saturday, June 29, 2019

On June 21, the Securities and Exchange Commission adopted a package of new rules and rule amendments to establish capital, margin and segregation requirements under Title VII of the Dodd-Frank Act.

The new rules address the following areas:

  • Capital requirements for security-based swap dealers (SBSDs) and major security-based swap participants (MSBSP), for which there is not a prudential regulator (nonbank SBSDs and MSBSPs).

  • Capital requirements for broker-dealers that trade security-based swaps or swaps and are not registered as an SBSD or MSBSP.

  • Minimum net capital requirements for broker-dealers that use internal models to compute net capital.

  • Margin requirements for nonbank SBSDs and MSBSPs with respect to non-cleared security-based swaps.

  • Segregation requirements for SBSDs and stand-alone broker-dealers for cleared and non-cleared security-based swaps.

The new rules also amend the SEC’s existing cross-border rule to provide a mechanism for substituted compliance with respect to the capital and margin requirements for foreign SBSDs and MSBSPs.

The SEC’s press release is available here.

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