§8341 — Title 15 Commerce and Trade | U.S. Code

Summary

The SEC can make rules to define terms, including “commercial risk”; other terms added to the Securities Exchange Act of 1934 by this subtitle; and the terms “security-based swap,” “security-based swap dealer,” “major security-based swap participant,” and “eligible contract participant,” to include transactions or entities set up to avoid this subtitle.

Title 15, §8341

Commerce and Trade — Source: USLM XML via OLRC

The Securities and Exchange Commission may, by rule, further define—

(1)the term “commercial risk”;

(2)any other term included in an amendment to the Securities Exchange Act of 1934 11 So in original. Probably should be “section 3(a) of the Securities Exchange Act of 1934”. (15 U.S.C. 78c(a)) made by this subtitle; and

(3)the terms “security-based swap”, “security-based swap dealer”, “major security-based swap participant”, and “eligible contract participant”, with regard to security-based swaps (as such terms are defined in the amendments made by subsection (a)) for the purpose of including transactions and entities that have been structured to evade this subtitle or the amendments made by this subtitle.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subtitle, referred to in pars. (2) and (3), is subtitle B (§§ 761–774) of title VII of Pub. L. 111–203,

July 21, 2010, 124 Stat. 1754, which enacted this subchapter and sections 78c–3 to 78c–5, 78j–2, 78m–1, and 78o–10 of this title, amended section 77b, 77b–1, 77e, 77q, 78c, 78c–1, 78f, 78i, 78j, 78m, 78o, 78p, 78q–1, 78t, 78u–1, 78u–2, 78bb, 78dd, 78mm, 80a–2, and 80b–2 of this title, enacted provisions set out as a note under section 77b of this title, and amended provisions set out as a note under section 78c of this title. For complete classification of subtitle B to the Code, see Tables. Subsection (a), referred to in par. (3), is subsec. (a) of section 761 of title VII of Pub. L. 111–203,

July 21, 2010, 124 Stat. 1754, which amended section 78c of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Provisions of subchapter effective on the later of 360 days after July 21, 2010, or, to the extent the provision requires a rulemaking, not less than 60 days after publication of the final rule or regulation implementing such provision, see section 774 of Pub. L. 111–203, set out as an

Effective Date

of 2010 Amendment note under section 77b of this title. Definition For definition of “including” as used in this section, see section 5301 of Title 12, Banks and Banking.

§8341 Authority to Further Define Terms

Summary

Title 15, §8341

Notes & Related Subsidiaries

Editorial Notes

References in Text

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata