Dodd-Frank Act | CFTC (2024)

Dodd-Frank Act | CFTC (1)

In the aftermath of the 2008 financial crisis, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act) enhanced the CFTC’s regulatory authority to oversee the more than $400 trillion swaps market.

Rule-writing

As a result of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the CFTChas writtenrules to regulate the swaps marketplace.

See information below regarding areas the CFTC addressed in its rule-writing. Also see proposed rules and final rules issued by the Commission thus far.

View all Dodd-Frank Final Rules and Orders

View all Dodd-Frank Guidance, Advisories and Questions

Currently Effective Staff Letters

View all Dodd-Frank Open Meetings and Public Roundtables

View all Proposed Rules, Orders and Advance Notices of Proposed Rules

See List of Rulemaking Areas

View all Comparability Determinations for Substituted Compliance Purposes

External Meetings

The CFTC is committed to transparency in the rulemaking process. Information on all meetings that the Chairman and Commission staff have with outside organizations regarding the implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act will be made public. The topics of the meetings, attendees, summaries of the meetings and any materials presented to the CFTC are posted here.

See List of External Meetings

Reports and Studies

The Dodd-Frank Wall Street Reform and Consumer Protection Act required the CFTC to conduct a number of studies and reports on a wide variety of issues that affect the derivatives market. Information regarding these reports and studies will be published as it becomes available.

See List of Reports and Studies

Text of H.R. 4173: Dodd-Frank Wall Street Reform and Consumer Protection Act

Download the PDF of the bill, or

Read the text on THOMAS

Swapsregulation

The Dodd-Frank Wall Street Reform and Consumer Protection Actbrings comprehensive reform to the regulation of swaps. These products, whichhave notpreviously been regulated in the United States, were at the center of the 2008financial crisis. The historic Dodd-Frank bill authorizes the CFTC to:

RegulateSwapDealers

  • List of Provisionally Registered Swap Dealers
  • Swapdealers will be subjectto capital and margin requirementsto lower risk in the system.
  • Dealers will be requiredto meet robust business conduct standards to lower risk and promote market integrity.
  • Dealers will be required to meet recordkeeping and reporting requirements so that regulators can police the markets.

Increase Transparency and Improve Pricing in The Derivatives Marketplace

  • Instead of trading out of sight of the public, standardized derivatives will be required to be traded on regulated exchanges or swap execution facilities.
  • Transparent trading ofswaps will increase competition and bring better pricing to the marketplace. This will lower costs for businesses and consumers.

Lower Risk to the American Public

  • Standardized derivatives will be moved into central clearinghouses to lower risk in the financial system.
  • Clearinghouses act as middlemen between two parties to a transaction and take on the risk that one counterparty maydefault onits obligations.
  • Clearinghouses have lowered risk in the futures marketplace since the 1890s. The Dodd-Frank bill brings this crucial market innovation to theswaps marketplace.
Dodd-Frank Act | CFTC (2024)

FAQs

What does the Dodd-Frank Act do? ›

The most far reaching Wall Street reform in history, Dodd-Frank will prevent the excessive risk-taking that led to the financial crisis. The law also provides common-sense protections for American families, creating new consumer watchdog to prevent mortgage companies and pay-day lenders from exploiting consumers.

What are the core principles of the Dodd-Frank Act? ›

Its provisions restricted banks from trading with their own funds (the “Volcker Rule”), heightened monitoring of systemic risk, tightened regulation of financial products, and introduced consumer protection initiatives.

What is the Dodd-Frank requirement? ›

Section 165(i)(2) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank Act") requires certain national banks and federal savings associations to conduct company-run stress tests.

What is the Dodd-Frank lending Act? ›

The 2010 Dodd-Frank Act, named after former Senators Chris Dodd and Barney Frank, affects how and to whom banks lend money. It was put into place after the 2008 mortgage meltdown. Its purpose: to protect consumers from taking out mortgages that are beyond their means to pay the loan.

Can banks take your money under the Dodd-Frank Act? ›

1 Banks have the authority to take control of any capital that fits the criteria per the law. Investors with accounts that exceed the $250,000 insured limit may be affected and should: Monitor the performance of the financial markets and financial sector.

What is the purpose of Dodd? ›

Dodd-Frank was intended to curb the extremely risky financial industry activities that led to the financial crisis of 2007–2008. Its goal was, and still is, to protect consumers and taxpayers from egregious practices like predatory lending.

What are the exclusions for Dodd-Frank? ›

Dodd Frank only applies to residential mortgage transactions secured by a dwelling. It does not apply to transactions involving commercial property, vacant land or investment property.

What is the Dodd-Frank protocol? ›

The DF Protocols allow swap market participants to simultaneously amend multiple ISDA Master Agreements and other swap documentation using an online tool known as “ISDA Amend” which is supported by Markit®, a vendor platform.

What is the Dodd-Frank penalty? ›

Specifically, the Dodd-Frank Act initially provided for the following tiers of civil money penalties: For any violation of a law, rule, or final order or condition imposed in writing by the CFPB, a civil money penalty of up to $5,000 for each day during which such violation or failure to pay continues.

What is an example of a violation of the Dodd-Frank Act? ›

Violations of the FCRA may also be considered as a FTC UDAP or Dodd- Frank UDAAP. For example, obtaining and using unsolicited medical information (outside of the exceptions provided by the rule) to make credit decisions may also be considered as unfair.

What banks are exempt from Dodd-Frank? ›

Banks with less than $10 billion in assets that have total trading assets and trading liabilities accounting for 5% or less of total assets, and affiliates of such banks, will be exempt from the Volcker Rule, significantly reducing their compliance burdens.

What are the exceptions to the Dodd-Frank Act? ›

Dodd Frank does not regulate purchase money financing for the sale of lots (even if single-family residential lots), commercial properties, investment properties such as duplexes, rental properties or other income producing properties.

What are the principles of the Dodd-Frank Act? ›

Simple principles like. . . . Markets should be transparent. Regulation should be consistent, without gaps that can be exploited by those who wish to indulge in risky, destabilizing or illegal behavior. Market participants, not taxpayers, should bear the risks of their market activities.

What are the components of the Dodd-Frank Act? ›

Provisions
  • Financial Stability;
  • Orderly Liquidation Authority;
  • Transfer of Powers to the Comptroller, the FDIC, and the Fed;
  • Regulation of Advisers to Hedge Funds and Others;
  • Insurance;
  • Improvements to Regulation;
  • Wall Street Transparency and Accountability;
  • Payment, Clearing, and Settlement Supervision;

What does the Dodd-Frank Act prohibit? ›

General prohibition against banks and their affiliates owning equity interests in hedge funds and private equity funds. Authorization of interest-bearing transaction accounts. Creation of a Federal Insurance Office. Review of federal emergency loans by the Government Accountability Office.

What are the four primary goals of the Dodd-Frank Act of 2010? ›

To promote the financial stability of the United States by improving accountability and transparency in the financial system, to end ''too big to fail'', to protect the American taxpayer by ending bailouts, to protect consumers from abusive financial services practices, and for other purposes.

What are the five areas included in the Dodd-Frank Act of 2010? ›

Consumer​ protection, resolution​ authority, systemic risk​ regulation, Volcker​ rule, and derivatives.

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