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The end-user exception requirements are listed in CEA § 2(h)(7). The CFTC has codified the enduser exception at 17 C.F.R. § 50.50, which explains that a - counterparty may elect the end-user exception to the clearing requirement for a swap if the
Section 2(h) of the Commodity Exchange Act (the “CEA”), as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act, grants the CFTC authority to require that certain categories of swaps be subject to a mandatory clearing requirement.
The Commodity Exchange Act (CEA) regulates the trading of commodity futures in the United States. Passed in 1936, it has been amended several times since then. The CEA establishes the statutory framework under which the CFTC operates.
For purposes of section 2(h)(7)(A)(ii) of the Act and paragraph (b)(1)(iii)(B) of this section, a swap is used to hedge or mitigate commercial risk if: (1) Such swap: (i) Is economically appropriate to the reduction of risks in the conduct and management of a commercial enterprise, where the risks arise from:
this Act may be cited as the ‘‘Commodity Exchange Act’’. SEC. 1a. ø7 U.S.C. 1a¿ DEFINITIONS. As used in this Act: (1) ALTERNATIVE TRADING SYSTEM.—The term ‘‘alternative trading system’’ means an organization, association, or group of persons that— (A) is registered as a broker or dealer pursuant to sec-
Financial entity is defined in section 2(h)(7)(C) of the Commodity Exchange Act and is used for various purposes in existing CFTC rules under Title VII of the Dodd-Frank Act. In some cases in the re-proposal, the CFTC uses “financial entity” where it appears from the context that the CFTC may have intended to use “financial end user.”
