The Commodity Futures Trading Commission (CFTC) recently brought its first enforcement action arising from the Dodd-Frank requirement that swap transactions be reported to a registered swap data repository (SDR). The CFTC has emphasized that the accuracy and completeness of swap reporting is essential to enhance market transparency, promote standardization and reduce systemic risk.

According to CFTC Director of Enforcement Aitan Goelman, when reporting parties fail to meet their reporting obligations, the CFTC cannot carry out its vital mission of protecting market participants and promoting market integrity.

Swap market participants are subject to multiple CFTC regulations related to swap data reporting, recordkeeping and supervision.

CFTC Regulations Part 43 establishes real-time reporting requirements for swap transactions. Pursuant to Part 43, a reporting party must report all publicly reportable swap transactions, including subsequent events that affect the price of the swap, to a SDR as soon as technologically practicable after the transaction is executed.

CFTC Regulations Part 45 requires the reporting party to, among other things, report swap creation and continuation data and to correct any errors in swap reporting to ensure that the information available to the CFTC remains current and accurate. A swap market participant’s trade reporting obligations under Parts 43 and 45 vary depending on, among other things, its status, the status of its counterparty and whether the swap is exchange traded or cleared.

In addition, CFTC Rule 23.602 requires swap dealers and major swap participants to establish and maintain a swaps supervisory system reasonably designed to achieve compliance with the requirements of the Commodity Exchange Act and CFTC regulations.

Photo of Kathy Rocklen Kathy Rocklen

Kathy H. Rocklen has 40 years of experience and insights gained through a diverse practice, and understands the brokerage business from the street side, a regulator’s perspective and as a member of a global law firm. Kathy joined Proskauer in 2000 after serving…

Kathy H. Rocklen has 40 years of experience and insights gained through a diverse practice, and understands the brokerage business from the street side, a regulator’s perspective and as a member of a global law firm. Kathy joined Proskauer in 2000 after serving as general counsel for a leading UK investment bank, a regulator for the New York Stock Exchange, and previous private practice.

Kathy counsels global financial institutions, investment advisers, hedge funds, private equity firms, commercial banks and self-regulatory organizations on regulatory, transactional, enforcement and litigated matters. She advises clients on the formation of regulated entities, SEC, SRO and state regulation and compliance, domestic and cross-border capital markets transactions, mergers, acquisitions and joint ventures, investment product development, internal investigations, defense of civil enforcement proceedings and criminal prosecutions, and securities arbitrations and litigation.

Kathy also serves as outside general counsel for clients, advising on regulated and commercial activities, corporate governance and director and officer liability, conflict and risk management, intercompany transactions and global defense and investigations.

Kathy is an adjunct professor of law at Fordham University School of Law, where she teaches broker-dealer regulation. She also serves as Vice Chair and Treasurer of New York Lawyers for the Public Interest, one of New York’s leading not-for-profit civil rights law firms, and is a former Vice President of the New York City Bar. Kathy is the past Chair of Proskauer’s Diversity Committee.