Page 27 - 期货和衍生品行业监管动态（2023年12月刊）

期货和衍生品行业监管动态

information and technology security program, a third-party relationship program, and

a business continuity and disaster recovery plan – supported by broad requirements

relating to governance, training, testing, and recordkeeping. The proposed rule would

also require certain notifications to the Commission and customers or counterparties.

The Commission is further proposing guidance relating to the management of risks

stemming from third-party relationships. [See Fact Sheet]

The comment period will be open for 75 days after publication on CFTC.gov, with

a closing date of March 2, 2024.

Notice of Proposed Rulemaking: Protection of Clearing Member Funds Held by

Derivatives Clearing Organizations

The Commission approved a rule proposing regulations to provide protections for

clearing member funds and assets held by a Derivatives Clearing Organization (DCO).

The rule would require, among other things, that clearing member funds be segregated
from the DCO’s own funds and held in a depository that acknowledges, in writing, that

the funds belong to clearing members, not the DCO. In addition, the Commission is

proposing rules that would enable DCOs to hold customer and clearing member funds

at certain foreign central banks subject to certain requirements. The Commission is also

proposing to require DCOs to conduct a daily calculation and reconciliation of the

amount of funds owed to customers and clearing members and the amount actually held

for customers and clearing members. [See Fact Sheet]

The comment period will be open for 60 days after publication on CFTC.gov, with

a closing date of February 16, 2024.

Application of Bitnomial Clearinghouse, LLC for Registration as a Derivatives

Clearing Organization

The Commission approved an order granting Bitnomial Clearinghouse, LLC

(Bitnomial) registration as a DCO under Section 5b of the Commodity Exchange Act.

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