§5471 — Title 12 Banks and Banking | U.S. Code

Summary

The Commodity Futures Trading Commission must talk with the Board of Governors before using certain powers in title 7 (sections 2(h)(2)(C), 2(h)(3)(A), 2(h)(3)(C), 2(h)(4)(A), and 2(h)(4)(B)), as changed by the Wall Street Transparency and Accountability Act of 2010. It also must consult about any derivatives clearing organization rule that has a certification stay under section 745(b)(3) of that Act, and before making rules under section 728 of that Act (7 U.S.C. 24a). The Commission must also consult with the Board of Governors before using certain powers in title 15 (sections 78c–3(a)(2)(C), 78c–3(a)(3)(A), 78c–3(a)(3)(C), 78c–3(a)(4)(A), and 78c–3(a)(4)(B)), as changed by the Wall Street Transparency and Accountability Act of 2010. It must consult about proposed clearing-agency rule changes that get extended review under section 78s(b)(2) of title 15, and before making rules under section 78m(n) of title 15 (added by section 763(i) of the Act).

Title 12, §5471

Banks and Banking — Source: USLM XML via OLRC

(a)The Commodity Futures Trading Commission shall consult with the Board of Governors—

(1)prior to exercising its authorities under section 2(h)(2)(C), 2(h)(3)(A), 2(h)(3)(C), 2(h)(4)(A), and 2(h)(4)(B) of title 7, as amended by the Wall Street Transparency and Accountability Act of 2010;

(2)with respect to any rule or rule amendment of a derivatives clearing organization for which a stay of certification has been issued under section 745(b)(3) 11 See References in Text note below. of the Wall Street Transparency and Accountability Act of 2010; and

(3)prior to exercising its rulemaking authorities under section 728 of the Wall Street Transparency and Accountability Act of 2010 [7 U.S.C. 24a].

(b)The Commission shall consult with the Board of Governors—

(1)prior to exercising its authorities under section 78c–3(a)(2)(C), 78c–3(a)(3)(A), 78c–3(a)(3)(C), 78c–3(a)(4)(A), and 78c–3(a)(4)(B) of title 15, as amended by the Wall Street Transparency and Accountability Act of 2010;

(2)with respect to any proposed rule change of a clearing agency for which an extension of the time for review has been designated under section 78s(b)(2) of title 15; and

(3)prior to exercising its rulemaking authorities under section 78m(n) of title 15, as added by section 763(i) of the Wall Street Transparency and Accountability Act of 2010.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Wall Street Transparency and Accountability Act of 2010, referred to in subsecs. (a) and (b), is title VII of Pub. L. 111–203, July 21, 2010, 124 Stat. 1641. section 728 of the Act amended the act of Sept. 21, 1922, ch. 369, to add a new section 21 which is classified to section 24a of Title 7, Agriculture. For complete classification of this Act to the Code, see

Short Title

note set out under section 8301 of Title 15, Commerce and Trade, and Tables. section 745(b)(3) of the Wall Street Transparency and Accountability Act of 2010, referred to in subsec. (a)(2), probably means section 5c(c)(3) of the Commodity Exchange Act, which is classified to section 7a–2(c)(3) of Title 7, Agriculture. section 745(b) of the Wall Street Transparency and Accountability Act of 2010, which is section 745(b) of Pub. L. 111–203, added subsec. (c) of section 7a–2 of Title 7 and struck out former subsec. (c) of that section. section 7a–2(c)(3) of Title 7 relates to stays of the certification for rules. section 745(b) of Pub. L. 111–203 does not contain a par. (3).

§5471 Consultation