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15 U.S.C. § 78j–2Position limits and position accountability for security-based swaps and large trader reporting

submitted 92 years ago by Pub. L. 111-203 to r/title-15-COMMERCE-AND-TRADE · 627 words · no verdicts yet

in plain englishAI-generated · not legal advice

The SEC can set limits on how large a position anyone can hold in security-based swaps, to prevent fraud and manipulation. It can require related positions to be combined when applying these limits. Self-regulatory organizations may also adopt their own position-limit and reporting rules.

(a) Position limits — To help prevent fraud and manipulation, the SEC must set limits (including exemptions for hedging) on how big a position in a security-based swap someone can hold, using rules necessary or appropriate to protect the public or investors. In setting these limits, the SEC can require someone to combine (aggregate) their positions in: (1) a security-based swap and the security, loan, or group of securities or loans it's based on, references, or relates to, plus any other related instrument; or (2) a security-based swap and (A) a security or group or index of securities whose price, yield, value, or volatility is a key term of the swap, and (B) any other instrument tied to that same security or group. (b) Exemptions — The SEC can exempt, conditionally or unconditionally, any person, class of persons, swap, class of swaps, or transaction from any position-limit requirement it sets under this section. (c) SRO rules — (1) To help prevent fraud or manipulation, the SEC can direct a self-regulatory organization (SRO) to: (A) adopt rules on position size in security-based swaps held by its members, or by people for whom a member trades such swaps; and (B) adopt rules ensuring compliance with what the SEC requires under this subsection. (2) In setting these limits, the SRO can require combining positions in: (A) a swap and the security, loan, or narrow-based index it's tied to, plus related instruments; or (B) a swap and any other instrument tied to the same security or narrow-based index. (d) Large trader reporting — The SEC can require anyone who trades security-based swaps or uncleared security-based swaps — for themselves or others — along with related securities, loans, or indexes described in subsection (a), to report whatever information the SEC specifies about their positions in those swaps and related instruments.
the actual law source: uscode.house.gov ↗public domain
(a) Position limits

As a means reasonably designed to prevent fraud and manipulation, the Commission shall, by rule or regulation, as necessary or appropriate in the public interest or for the protection of investors, establish limits (including related hedge exemption provisions) on the size of positions in any security-based swap that may be held by any person. In establishing such limits, the Commission may require any person to aggregate positions in—

(1)

any security-based swap and any security or loan or group of securities or loans on which such security-based swap is based, which such security-based swap references, or to which such security-based swap is related as described in paragraph (68) of section 78c(a) of this title, and any other instrument relating to such security or loan or group or index of securities or loans; or

(2)

any security-based swap and—

(A)

any security or group or index of securities, the price, yield, value, or volatility of which, or of which any interest therein, is the basis for a material term of such security-based swap as described in paragraph (68) of section 78c(a) of this title; and

(B)

any other instrument relating to the same security or group or index of securities described under subparagraph (A).

(b) Exemptions

The Commission, by rule, regulation, or order, may conditionally or unconditionally exempt any person or class of persons, any security-based swap or class of security-based swaps, or any transaction or class of transactions from any requirement the Commission may establish under this section with respect to position limits.

(c) SRO rules
(1) In general

As a means reasonably designed to prevent fraud or manipulation, the Commission, by rule, regulation, or order, as necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of this chapter, may direct a self-regulatory organization

(A)

to adopt rules regarding the size of positions in any security-based swap that may be held by—

(i)

any member of such self-regulatory organization; or

(ii)

any person for whom a member of such self-regulatory organization effects transactions in such security-based swap; and

(B)

to adopt rules reasonably designed to ensure compliance with requirements prescribed by the Commission under this subsection.

(2) Requirement to aggregate positions

In establishing the limits under paragraph (1), the self-regulatory organization may require such member or person to aggregate positions in—

(A)

any security-based swap and any security or loan or group or narrow-based security index of securities or loans on which such security-based swap is based, which such security-based swap references, or to which such security-based swap is related as described in section 78c(a)(68) of this title, and any other instrument relating to such security or loan or group or narrow-based security index of securities or loans; or

(B)
(i)

any security-based swap; and

(ii)

any security-based swap and any other instrument relating to the same security or group or narrow-based security index of securities.

(d) Large trader reporting

The Commission, by rule or regulation, may require any person that effects transactions for such person’s own account or the account of others in any securities-based swap or uncleared security-based swap and any security or loan or group or narrow-based security index of securities or loans as set forth in paragraphs (1) and (2) of subsection (a) under this section to report such information as the Commission may prescribe regarding any position or positions in any security-based swap or uncleared security-based swap and any security or loan or group or narrow-based security index of securities or loans and any other instrument relating to such security or loan or group or narrow-based security index of securities or loans as set forth in paragraphs (1) and (2) of subsection (a) under this section.

Source credit: (June 6, 1934, ch. 404, title I, § 10B, as added Pub. L. 111–203, title VII, § 763(h), July 21, 2010, 124 Stat. 1778.)

history & why it existsrecord from the source credit
  • 1934Enacted · Pub. L. 111-203 · 124 Stat. 1778

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-203 on 1934-06-06.

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