Home / Agencies / SEC / 2023-12592
Final Rule

Prohibition Against Fraud, Manipulation, or Deception in Connection With Security-Based Swaps; Prohibition Against Undue Influence Over Chief Compliance Officers

Agency
Document Number
2023-12592
Published
June 30, 2023
Effective Date
August 29, 2023

Abstract

The Securities and Exchange Commission ("SEC" or "Commission") is adopting a final rule, under the Securities Exchange Act of 1934 ("Exchange Act"), that is designed to prevent fraud, manipulation, and deception in connection with effecting any transaction in, or attempting to effect any transaction in, or purchasing or selling, or inducing or attempting to induce the purchase or sale of, any security-based swap. The rule takes into account the features fundamental to a security-based swap and the broad definitions of purchase and sale under the Exchange Act as they relate to security- based swaps. In addition, the Commission is adopting a final rule, under the Exchange Act, that makes it unlawful for any officer, director, supervised person, or employee of a security-based swap dealer ("SBSD") or major security-based swap participant ("MSBSP") (each SBSD and each MSBSP also referred to as an "SBS Entity" and together referred to as "SBS Entities"), or any person acting under such person's direction, to directly or indirectly take any action to coerce, manipulate, mislead, or fraudulently influence the SBS Entity's chief compliance officer ("CCO") in the performance of their duties under the Federal securities laws or the rules and regulations thereunder.

Federal Register Source

This document is published by the Office of the Federal Register, National Archives and Records Administration. Access the full regulatory text, preamble, and docket comments below.

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Frequently Asked Questions

What is the 2023-12592 Federal Register document?
Document 2023-12592 is a Final Rule published by the Securities and Exchange Commission in the Federal Register on June 30, 2023, with an effective date of August 29, 2023. The Securities and Exchange Commission ("SEC" or "Commission") is adopting a final rule, under the Securities Exchange Act of 1934 ("Exchange Act"), that is designed to prevent fraud, manipulation, and deception in connection with effecting any transaction in, or attempting to effect any transaction in, or purchasing or selling, or inducing or attempting to induce the purchase or sale of, any security-based swap. The rule takes into account the features fundamental to a security-based swap and the broad definitions of purchase and sale under the Exchange Act as they relate to security- based swaps. In addition, the Commission is adopting a final rule, under the Exchange Act, that makes it unlawful for any officer, director, supervised person, or employee of a security-based swap dealer ("SBSD") or major security-based swap participant ("MSBSP") (each SBSD and each MSBSP also referred to as an "SBS Entity" and together referred to as "SBS Entities"), or any person acting under such person's direction, to directly or indirectly take any action to coerce, manipulate, mislead, or fraudulently influence the SBS Entity's chief compliance officer ("CCO") in the performance of their duties under the Federal securities laws or the rules and regulations thereunder. View the original at https://www.federalregister.gov/documents/2023/06/30/2023-12592/prohibition-against-fraud-manipulation-or-deception-in-connection-with-security-based-swaps.
Is document 2023-12592 an economically significant rule?
No. Document 2023-12592 is not classified as economically significant under Executive Order 12866. Economically significant rules require OIRA review and are estimated to have impacts of $100 million or more per year.
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