15 U.S.C. § 77b-1 : US Code - Section 77B-1: Swap agreements

Search 15 U.S.C. § 77b-1 : US Code - Section 77B-1: Swap agreements

(a) Non-security-based swap agreements
The definition of "security" in section 77b(a)(1) of this title
does not include any non-security-based swap agreement (as defined
in section 206C of the Gramm-Leach-Bliley Act).
(b) Security-based swap agreements
(1) The definition of "security" in section 77b(a)(1) of this
title does not include any security-based swap agreement (as
defined in section 206B of the Gramm-Leach-Bliley Act).
(2) The Commission is prohibited from registering, or requiring,
recommending, or suggesting, the registration under this subchapter
of any security-based swap agreement (as defined in section 206B of
the Gramm-Leach-Bliley Act). If the Commission becomes aware that a
registrant has filed a registration statement with respect to such
a swap agreement, the Commission shall promptly so notify the
registrant. Any such registration statement with respect to such a
swap agreement shall be void and of no force or effect.
(3) The Commission is prohibited from -
(A) promulgating, interpreting, or enforcing rules; or
(B) issuing orders of general applicability;
under this subchapter in a manner that imposes or specifies
reporting or recordkeeping requirements, procedures, or standards
as prophylactic measures against fraud, manipulation, or insider
trading with respect to any security-based swap agreement (as
defined in section 206B of the Gramm-Leach-Bliley Act).
(4) References in this subchapter to the "purchase" or "sale" of
a security-based swap agreement shall be deemed to mean the
execution, termination (prior to its scheduled maturity date),
assignment, exchange, or similar transfer or conveyance of, or
extinguishing of rights or obligations under, a security-based swap
agreement (as defined in section 206B of the Gramm-Leach-Bliley
Act), as the context may require.
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