A bill to amend the Federal securities laws to enhance oversight over certain derivatives dealers and hedge funds, reduce the potential for such entities to increase systemic risk in the financial markets, ehance investor protections, and for other purposes.
Title II: Broker-Dealer Oversight Reforms - Authorizes a national securities exchange and a registered securities association to adopt and implement rules governing members engaged in derivatives transactions.
(Sec. 203) Requires SEC financial responsibility rules to include the mandatory maintenance of sufficient capital levels by any derivatives dealer that is a material person associated with a registered broker or dealer (after taking into account the financial activities, customary sources of capital, and the credit risk and aggregate leverage of such derivatives dealer).
(Sec. 205) Sets forth recordkeeping and reporting requirements governing persons associated with brokers and dealers of government or municipal securities, including disclosure of such persons': (1) monitoring of financial and operational risks to associated brokers and dealers; and (2) financial and securities activities, and customary sources of capital and funding.
(Sec. 207) Directs the SEC to take all actions necessary to establish regulations pertaining to large trader reporting requirements.
(Sec. 208) Grants rulemaking powers under this Act to: (1) the SEC; (2) the Board of Governors of the Federal Reserve System; and (3) other designated agencies.
Amends the Market Reform Act of 1990 to reinstate certain annual reporting requirements.
Title III: Hedge Fund Reporting - Amends the Investment Company Act of 1940 to require unregistered hedge funds to submit quarterly status reports to the SEC.
(Sec. 301) Instructs the SEC to transmit copies of such reports to specified regulatory agencies and to the public.
Introduced in Senate
Read twice and referred to the Committee on Banking.
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