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Dodd-Frank Act

Shipkevich PLLC specializes in providing legal counsel to futures, commodities, derivatives, and foreign exchange businesses navigating the complex regulatory environment forged by the Dodd-Frank Wall Street Reform and Consumer Protection Act. Our breadth of services is designed to ensure comprehensive adherence to the rules and regulations impacting market participants such as Swap Dealers (SDs), Major Swap Participants (MSPs), Over-The-Counter (OTC) derivatives brokers, Introducing Brokers (IBs), Futures Commission Merchants (FCMs), Commodity Pool Operators (CPOs), and Commodity Trading Advisors (CTAs).

With a legal team is committed to keeping clients abreast of new and evolving legislative developments under the Dodd-Frank Act, we provide timely updates on amended legislation, helping our clients maintain a position of compliance readiness and advise on the formulation of robust compliance procedures, including registration categories, associated regulatory fees, and trader reporting policies. 

Shipkevich’s Dodd-Frank Regulatory Services Include:

  • Registering Swap Entities: Assisting Swap Dealers and Major Swap Participants with registration at the Commodity Futures Trading Commission (CFTC) and the National Futures Association (NFA).
  • Trading Policies and Violation Prevention: Preparing, drafting, and negotiating policies and procedures to monitor trading and prevent violations of applicable position limits.
  • Risk Management: Advising clients on risk management procedures for reliable business administration.
  • CFTC Disclosures: Serving as an intermediary between the CFTC and swap entities for the disclosure of information related to swaps, trading practices, and financial integrity.
  • Conflict of Interest Compliance: Counseling clients on policies that address conflicts of interest and adherence to Commission regulations.
  • Recordkeeping Procedures: Developing apt procedures for maintaining comprehensive business and swaps records for regulatory disclosures.
  • FCM Registration: Assisting Futures Commission Merchants with CFTC and NFA registration processes.
  • AML and Financial Procedures: Advising on anti-money laundering protocols, financial filings, business continuity plans, promotional materials, and electronic order routing systems.
  • Drafting Supervision and Margin Policies: Negotiating and preparing supervision procedures, including margin and segregation policies.
  • Position Limits Interpretation: Assisting firms with understanding position limits for futures contracts and implementing speculative position limits.
  • IB Registration Advice: Providing guidance to Introducing Brokers on CFTC and NFA registration and compliance obligations, including net capital requirements, promotional material procedures, customer complaint processes, and counterparty agreements.
  • CPO and CTA Registration: Registering Commodity Pool Operators and Commodity Trading Advisors with the CFTC and NFA, providing a pathway to compliance success.