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Order Granting Conditional Substituted Compliance in Connection With Certain Capital and Financial Reporting Requirements Applicable to a Nonbank Swap Dealer Domiciled in the French Republic and Subject to the European Union's Investment Firms Regulation and Investment Firms Directive
Plain English Summary
The Commodity Futures Trading Commission (CFTC) has approved a request from Goldman Sachs Paris Inc. to recognize that the financial rules in the European Union for certain swap dealers meet U.S. requirements. This decision affects nonbank swap dealers based in France, allowing them to follow EU regulations instead of U.S. rules for capital and financial reporting. Insurance agents should be aware that this change may impact how these entities operate and report their finances.
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The Commodity Futures Trading Commission ("Commission" or "CFTC") is issuing an order regarding an application submitted by Goldman Sachs Paris Inc. et Cie requesting that the Commission determine that the capital and financial reporting laws and regulations of the European Union applicable to a CFTC-registered swap dealer, which is organized and domiciled in the French Republic and subject to the Investment Firms Regulation (EU) 2019/2033 ("IFR") and Investment Firms Directive (EU) 2019/2034 ("IFD") legislative package, provide sufficient bases for an affirmative finding of comparability with respect to the Commission's swap dealer capital and financial reporting requirements adopted under the Commodity Exchange Act. The order provides that a nonbank swap dealer organized and domiciled in the French Republic and subject to the IFR and IFD legislative package may satisfy the capital requirements and the financial reporting rules under the applicable provisions of the Commodity Exchange Act and Commission regulations by complying with certain specified European Union laws and regulations and conditions set forth in the order.