Title 15 › Chapter 2B— SECURITIES EXCHANGES › § 78o–10
People must register with the Commission before they can act as a security-based swap dealer or as a major security-based swap participant. To register, a person files an application in the form the Commission requires and then keeps giving the Commission reports and records the Commission asks for. The Commission will make rules about these firms, including limits on non-bank firms, and had to issue those rules not later than 1 year after July 21, 2010. A firm may not let someone who is legally disqualified handle swaps for it if the firm knew, or should have known, about the disqualification. Even if a person is registered with the Commodity Futures Trading Commission, they still must register with the Commission under this rule. Capital and margin rules are set by the prudential regulator for firms the prudential regulator oversees, and by the Commission for firms without a prudential regulator. Those rules must require capital and both initial and variation margin for uncleared swaps, allow certain noncash collateral when safe, take into account risks across a firm’s activities, and be coordinated at least annually among the agencies. Certain counterparty exceptions in section 78c–3(g) apply. Registered firms must keep detailed books and daily trading records, including related cash or forward deals and recorded communications (email, instant messages, phone recordings), and must keep a full audit trail for trade reconstruction. The Commission will set rules on reporting, recordkeeping, confirmations, processing, documentation, netting, and valuation. Firms must follow business conduct standards that bar fraud, require proper supervision, respect position limits, disclose material risks and conflicts, and deal fairly. Special entities (federal agencies; state or local governments; employee benefit plans; governmental plans; and endowments, including many 501(c)(3) organizations) get extra protections: advisers must act in the special entity’s best interest and gather needed financial and tax information, and dealers must make sure the special entity has an independent representative with specific qualifications and must disclose in writing the dealer’s capacity. Each firm must name a chief compliance officer who reports to top management, oversees compliance, resolves conflicts, runs required policies, and files an annual signed compliance report with the firm’s financial report. The Commission has primary enforcement power, but prudential regulators enforce prudential rules for the firms they supervise; the agencies may recommend enforcement to each other and follow 90-day referral rules. The Commission can censure, limit activities, or revoke a firm’s registration, and can censure, limit, suspend for up to 12 months, or bar people associated with firms; barred people may not be associated without the Commission’s consent, and firms may not let such people work for them if they knew or should have known about the bar.
Full Legal Text
Commerce and Trade, Source: USLM XML via OLRC
Legislative History
Reference
Citation
15 U.S.C. § 78o–10
Title 15, Commerce and Trade
Last Updated
Apr 3, 2026
Release point: 119-73not60