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CFTC's Office of the General Counsel Issues Time-Limited, No-Action Relief for Compo Equity Total Return Swaps
December 21, 2012--The Commodity Futures Trading Commission's (Commission) Office of the General Counsel (OGC) today issued a no-action letter providing time-limited relief from requirements arising from the
Commission's joint interpretation with the Securities and Exchange Commission that compo equity total return swaps are mixed swaps.
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Source: CFTC.gov
CFTC Approves Exemptive Order on Cross-Border Application of the Swaps Provisions of Dodd-Frank
December 21, 2012--The Commodity Futures Trading Commission (Commission) today approved an exemptive order providing time-limited relief from certain cross-
border applications of the swaps provisions of Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) and the Commission’s regulations.
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Source: CFTC.gov
CFTC's Division of Swap Dealer and Intermediary Oversight Issues No-Action Relief Regarding the Treatment of Swap Transactions Arising from Multilateral Portfolio
Compression Exercises for Purposes of Making Calculations Under the Swap Dealer Definition
December 21, 2012--The Commodity Futures Trading Commission's (CFTC) Division of Swap Dealer and Intermediary Oversight (DSIO) today issued a no-action letter that provides relief for persons engaging in multilateral portfolio compression exercises.
The Division will not recommend that the Commission take enforcement action against any person for failure to include in its calculation of the aggregate gross notional amount of swaps connected with its swap dealing activity for purposes of Commission Regulation 1.3(ggg)(4), terminations of swaps view more
Source: CFTC.gov
CFTC's Division of Swap Dealer and Intermediary Oversight Issues No-Action Relief for Certain U.S. Banks Wholly Owned by Non-U.S. Swap Dealers, for Purposes of Making Calculations Under the Swap Dealer Definition
December 21, 2012--The Commodity Futures Trading Commission's (CFTC) Division of Swap Dealer and Intermediary Oversight (DSIO) today issued a no-action letter that provides relief for certain U.S. banks that are wholly owned by non-U.S. swap dealers.
The no-action letter states that the Division will not recommend that the Commission take enforcement action against any U.S. bank that is wholly owned by a foreign entity for failure to consider the swap dealing activities of its foreign affiliates, or the U.S. branches of such affiliates, with respect to swap positions executed from and after October 12, 2012, when determining whether such U.S. bank satisfies the de minimis exception to the swap dealer definition and registration requirements, so long as the U.S. bank meets certain conditions specified in the letter.
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Source: CFTC.gov
SEC Announces Agenda for Roundtable on Decimalization
December 21, 2012--The Securities and Exchange Commission today announced the agenda for its upcoming staff roundtable that will evaluate the impact of tick sizes on the securities markets.
The roundtable, announced earlier this month, will take place on February 5 in Washington D.C. Panelists will be finalized and announced at a later date.
The roundtable will be divided into three panels.
Participants on the first panel will address the impact of tick sizes on small and mid-sized companies, the economic consequences (including costs and benefits) of increasing or decreasing minimum tick sizes, and whether other policy alternatives might better address concerns related to Section 106(b) of the JOBS Act.
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Source: CFTC.gov
SEC Approves New Rules Regarding Lost Holders of Securities
December 21, 2012--The Securities and Exchange Commission today unanimously approved new rules requiring broker-dealers to conduct searches for holders of securities with whom they have lost contact.
A similar rule already applied to recordkeeping transfer agents, who are the intermediaries between the clearing house and the broker-dealer. The Dodd-Frank Wall Street Reform and Consumer Protection Act tasked the SEC with extending the application of this rule to broker dealers so that broker-dealers have the same obligation.
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Source: SEC.gov
Horizons ETFs announces closure of certain ETFs
December 21, 2012--Horizons Exchange Traded Funds Inc. ("Horizons ETFs") and its affiliate AlphaPro Management Inc. (the "Manager") announced today that they will be terminating three exchange traded funds ("ETFs") effective at the close of business on Friday, March 22, 2013 (the "Termination Date").
The ETFs being terminated (collectively, the "Terminated ETFs") are as follows:
ETF Name:
Horizons Gartman ETF
Tickers: HAG, HAG.A
ETF Name: Horizons Active Income Plus ETF
Tickers: HAP, HAP.A
ETF Name: Horizons Active North American Value ETF
Tickers: HAV, HAV.A
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Source: Horizons Exchange Traded Funds Inc.
Another Japan ETF Sees Soaring Inflows
December 21, 2012--Add the MAXIS Nikkei 225 Index ETF (NKY) to the list of Japan ETFs that are seeing a noticeable uptick in assets under management. After the close of U.S. markets Friday, Precidian Funds, NKY's sponsor, announced the ETF crossed the $200 million in assets under management mark earlier this week.
NKY appears to be benefiting from "investors seeking exposure to Japanese equities which stand to benefit most from a domestic recovery in Japan," said Dan McCabe, CEO of Precidian Funds, in a statement.
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Source: Fox Business News
S&P Dow Jones Indices Announces Changes To The S&P/TSX Canadian Indices
A Deletion From The S&P/TSX SmallCap Index
December 21, 2012--S&P Canadian Index Services will make the following changes in the S&P/TSX Canadian Indices:
The shareholders of Queenston Mining Inc. (TSX:QMI) have accepted the terms of a Plan of Arrangement whereby the company will be acquired by Osisko Mining Corporation (TSX:OSK).
Shareholders of Queenston Mining will receive 0.611 shares of Osisko Mining for every share held. Queenston Mining will be removed from the S&P/TSX SmallCap Index effective after the close of Friday, December 28, 2012.
Source: S&P Dow Jones
CFTC's Division of Market Oversight Provides Additional Information Concerning its Existing No-Action Relief (CFTC Letter No. 12-46) for Reporting Parties Regarding Legal Entity Identifiers and Certain Identifying Information
December 21, 2012--The Commodity Futures Trading Commission's (CFTC) Division of Market Oversight (Division) today is providing additional information pertaining to its existing no-action relief for reporting parties under Parts 20, 45 and 46 of the Commission's regulations (CFTC Letter No. 12-46 or Letter).
The additional information provided today specifies that reporting parties eligible for relief pursuant to CFTC Letter No. 12-46 may, for purposes of this Letter only, meet the Letter’s requirement for a “written opinion of outside legal counsel” through a legal memorandum from outside legal counsel that includes the following attestation:
“We confirm that the rigor of the analysis we provided in our memorandum was no less extensive or involved than if we were to provide the same analysis in the form of a written, legal opinion. We confirm that we consider our memorandum to represent advice for which our firm takes full responsibility. We would, therefore, be obliged to stand behind such advice equally as we would for advice delivered in the form of a legal opinion.”
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Source: CFTC.gov
