The Cabinet Regulatory Tracker provides a list of significant upcoming comment deadlines, effective dates and compliance deadlines. Click on the links below to view deadlines that fall between September 1 and September 15, 2016.

For continuous real-time updates, please refer to the Cadwalader Cabinet Calendar.

Comment Deadlines

  • September 6: SEC proposal that would require SEC-registered investment advisers to adopt and implement written business continuity and transition plans reasonably designed to address operational and other risks related to significant disruptions in the investment advisers' operations.
  • September 6: Board of Governors of the Federal Reserve System and Consumer Financial Protection Bureau proposal to amend the official interpretations and commentary for the agencies' regulations that implement the Truth in Lending Act.
  • September 6: OCC, Board of Governors of the Federal Reserve System, and CFPB proposal to amend the official interpretations for their regulations that implement section 129H of the Truth in Lending Act.
  • September 6: Board of the Governors of the Federal Reserve System and CFPB proposal to amend the official interpretations and commentary for the agencies' regulations that implement the Consumer Leasing Act.
  • September 6: CFTC proposal to amend certain of its regulations applicable to the Annual Report that each person who is registered or required to be registered as a commodity pool operator must distribute for each commodity pool that it operates.
  • September 6: CFTC proposal to amend the conditions under which persons located outside the United States acting in the capacity of futures commission merchants, introducing brokers, commodity trading advisors, or commodity pool operators in connection with commodity interest transactions solely on behalf of persons located outside the U.S., or on behalf of certain international financial institutions, would qualify for an exemption from registration with the CFTC.
  • September 7: FINRA proposal that would require all parties but customers who are not represented by an attorney or other person to use the FINRA Office of Dispute Resolution's Party Portal to file initial claim statements and to file and serve pleadings and other documents on FINRA or any other party.
  • September 7: FINRA proposal to provide that arbitrators may act on a motion to dismiss a party or claim prior to the conclusion of the party's case in chief if the arbitrators determine that the non-moving party brought a claim previously regarding the same dispute against the same party, and the dispute was fully and finally adjudicated on the merits and memorialized in an order, judgment, award, or decision.
  • September 9: FINRA proposal to require members to disclose additional pricing information on retail customer confirmations relating to transactions in fixed-income securities.
  • September 12: CFTC proposal to amend certain provisions of its regulations concerning Chief Compliance Officers.
  • September 12: NASAA proposal to amend the NASAA Statement on Policy Regarding Real Estate Investment Trusts.

Effective Dates

  • September 12: MSRB proposal to revise the content outline for the Municipal Advisor Representative Qualification Examination ("Series 50").
  • September 12: FINRA proposal to establish that firms that elect to use the ADF for trade reporting purposes only are subject to FINRA's annual testing requirements (with exceptions for firms that qualify) and connectivity fees.
  • September 12: MSRB's permanent Municipal Advisor Representative Qualification Examination, which will allow for a one-year grace period (ending on September 12, 2017) during which individuals will be able to take the exam while continuing to engage in municipal advisory activities.
  • September 13: FERC revisions that would address certain practices that fail to compensate resources at prices reflecting the value of the services that resources provide to the system, thereby distorting price signals and, in certain instances, creating a disincentive for resources to respond to dispatch signals.

Compliance Deadlines

  • September 1: CFTC final rules on the margin requirements for the uncleared swaps of swap dealers and major swap participants; the first compliance date for CFTC Covered Swap Entities with outstanding notional amounts greater than $3 trillion in transactions facing counterparties with outstanding notional amounts greater than $3 trillion.
  • September 1: The OCC, FRB, FDIC, FCA, and FHFA final rule regarding Margin and Capital Requirements for Covered Swap Entities that applies to initial margin when both the covered swap entity, combined with all of its affiliates, and its counterparty, combined with all of its affiliates, have an average daily aggregate notional amount of covered swaps for March, April and May of 2016 that exceeds $3 trillion.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.