Page 20 - 期货和衍生品行业监管动态（2023年6月刊）

期货和衍生品行业监管动态

Organizations

The Commission unanimously approved a final rule that adopts amendments to its
rules to require derivatives clearing organizations (DCOs) to establish and consult with

one or more risk management committees (RMCs) comprised of clearing members and

customers of clearing members on matters that could materially affect the risk profile

of the DCO. In addition, the Commission is adopting minimum requirements for RMC

composition and rotation, and requiring DCOs to establish and enforce fitness standards

for RMC members. The Commission is also adopting requirements for DCOs to

maintain written policies and procedures governing the RMC consultation process and

the role of RMC members. Finally, the Commission is adopting requirements for DCOs

to establish one or more market participant risk advisory working groups (RWGs) that

must convene at least twice per year, and adopt written policies and procedures related

to the formation and role of the RWG.

The final rule is effective with publication in the Federal Register. DCOs must

comply with the final rule one year after the effective date.

Proposed Rule: Derivatives Clearing Organizations Recovery and Orderly

Wind-down Plans; Information for Resolution Planning

The Commission approved the proposed rule concerning recovery and orderly

wind-down plans for systemically important derivatives clearing organizations and

DCOs that elect to be subject to the provisions in Subpart C of part 39 of the

Commission’s regulations. It would, among other things, address certain risk

management obligations, modify definitions, and codify existing staff guidance. The

proposal would also require DCOs that are not designated as systemically important,

and which have not elected to be covered by Subpart C of part 39, to submit orderly

wind-down plans. In addition, the proposal would make conforming amendments to

certain provisions, revise the Subpart C Election Form and Form DCO, and remove

stale provisions.

This proposed rule has a 60-day comment period after publication in the Federal

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