Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 17 - Commodity and Securities Exchanges |
Chapter I - Commodity Futures Trading Commission |
Part 23 - Swap Dealers and Major Swap Participants |
Subpart E - Capital and Margin Requirements for Swap Dealers and Major Swap Participants |
§ 23.150 - Scope.
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§ 23.150 Scope.
(a) The margin requirements set forth in §§ 23.150 through 23.161 shall apply to uncleared swaps, as defined in § 23.151, that are executed after the applicable compliance dates set forth in § 23.161.
(b) The requirements set forth in §§ 23.150 through 23.161 shall not apply to a swap if the counterparty:
(1) Qualifies for an exception from clearing under section 2(h)(7)(A) of the Act and implementing regulations;
(2) Qualifies for an exemption from clearing under a rule, regulation, or order issued by the Commission pursuant to section 4(c)(1) of the Act concerning cooperative entities that would otherwise be subject to the requirements of section 2(h)(1)(A) of the Act; or
(3) Satisfies the criteria in section 2(h)(7)(D) of the Act and implementing regulations.