US regulation of structured products and securitisation—one minute guide
US regulation of structured products and securitisation—one minute guide

The following Banking & Finance practice note provides comprehensive and up to date legal information covering:

  • US regulation of structured products and securitisation—one minute guide
  • Regulatory bodies
  • Securities and Exchange Commission (SEC)
  • Commodity Futures Trading Commission (CFTC)
  • National Futures Association (NFA)
  • Financial Industry Regulatory Authority (FINRA)
  • Dodd-Frank
  • The Volcker Rule
  • Foreign Account Tax Compliance Act (FATCA)
  • US Securities Law of 1933
  • More...

US regulation of structured products and securitisation—one minute guide

The principal United States (US) regulators and regulations that govern structured products and securitisations issuing outside of the US are set out below.

Regulatory bodies

Securities and Exchange Commission (SEC)

The SEC is the federal agency which is responsible for the principal securities legislation in the US, including the Securities Exchange Act of 1934, the Securities Act of 1933, the Trust Indenture Act of 1939, the Investment Companies Act of 1940, the Investment Advisers Act of 1940 and the Sarbanes-Oxley Act of 2002. It was established by the 1934 Act after the 1929 Wall Street crash with the role of regulating securities markets and stock exchanges. It has the ability to bring civil actions against those who breach its rules and to mount criminal prosecutions in conjunction with law enforcement agencies.

Commodity Futures Trading Commission (CFTC)

The CFTC is an independent federal agency that regulates futures and option markets. Its role is to protect market users and the public from fraud, manipulation and abusive practices related to the sale of commodity and financial futures and options, and to foster open, competitive, and financially-sound futures and option markets. Agricultural commodities had been subject to the Commodity Futures Act of 1936 while the Commodity Futures Trading Commission Act of 1974 created the CFTC as a regulator of commodity exchanges. The Commodity Futures Modernization

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