Rule 3a68-2 (Interpretation of Swaps, Security-Based Swaps, and Mixed Swaps) and Rule 3a68-4(c) (Process for Determining Regulatory Treatment for Mixed Swaps)

Rule 3a68-2 creates a process for interested persons to request a joint interpretation by the Securities and Exchange Commission and Commodity Futures Trading Commission regarding whether a particular instrument (or class of instruments) is a swap, a security-based swap, or both (i.e., a mixed swap). Rule 3a68-4(c) establishes a process for persons to request that the Securities and Exchange Commission and Commodity Futures Trading Commission issue a joint order permitting such persons (and any other person or persons that subsequently lists, trades, or clears that class of mixed swap) to comply, as to parallel provisions only, with specified parallel provisions of either the Commodity Exchange Act or the Securities Exchange Act of 1934, and related rules and regulations, instead of being required to comply with parallel provisions of both the CEA and the Securities Exchange Act of 1934. For purposes of rule 3a68-4(c) under the Securities Exchange Act of 1934, "parallel provisions" means comparable provisions of the CEA and the Exchange Act that were added or amended by Title VII of the Dodd-Frank Act with respect to security-based swaps and swaps, and the rules and regulations thereunder.

The latest form for Rule 3a68-2 (Interpretation of Swaps, Security-Based Swaps, and Mixed Swaps) and Rule 3a68-4(c) (Process for Determining Regulatory Treatment for Mixed Swaps) expires 2022-03-31 and can be found here.

Interpretation of Swaps, Security-Based Swaps, and Mixed Swaps (Rule 3a68-2)

Federal Enterprise Architecture: Economic Development - Financial Sector Oversight