Examples of SEC Relief in a sentence
For Major Security-Based Swap Participant (MSBSPs), apply SEC Relief – use 45.8 and “ISDA Asset Class Tie Breaker Logic for Swaps” developed for CFTC reporting as applicable.
The US Compliance WG could not reach consensus on use of a consistent definition of US Person (USP) on the 3/17/21 WG call:― Some supported using the SEC 240.3a71 definition when applying Rule SBSR in determining SEC RCP, but using the 2013 CFTC Cross Border guidance USP definition when applying the SEC Relief in determining SEC RCP.― Others supported using a consistent USP definition for both SBSR and CFTC.― Others supported allowing flexibility to decide individually.
The industry ISDA SBSR Implementation Working Group (“WG”) has discussed and agreed the reporting party determination and tie-breaker logic, taking into consideration the SEC Relief, as described in the section “SBS Reporting Party (RCP) Determination – Industry Standard Approach”.
Takes into consideration SEC Relief provided in Section C, Cross-Border Application of Certain Security-Based Swap Requirements Final Rule and Guidance, 85 Fed.
Note: US persons/non US person (with US person guarantee) that do not wish to rely on the SEC Relief in this scenario may consider reaching out to non-US SD to address reporting of the trade.
Note: Certain transactions will have no RCP for example in the case of a Non-US SD faces non-US person (both not guaranteed), there is no duty to report under Rule SBSR for either party, no need to make use of SEC Relief.
However, the SEC Relief with respect to Rule 901(a) does not extend to instances where a transaction falls within Rule 901(a)(2)(ii)(E) and one or both sides is relying on the exception to the de minimis counting requirement for ANE6 transactions (i.e., is a “Relying Entity”).
Note: While ANE trades would result in reporting and public dissemination under Rule SBSR, the SEC Relief is believed by the ISDA SBSR Implementation industry Working Group to limit reporting of ANE Transactions to those SBS where one or both parties are “Relying Entities”.
However, the SEC Relief with respect to Rule 901(a) does not extend to instances where a transaction falls within Rule 901(a)(2)(ii)(E) and one or both sides is relying on the exception to the de minimis counting requirement for ANE5 transactions (i.e., is a “Relying Entity”).
Chubb Limited securities repurchase authorizationsIn December 2018, the Board authorized the repurchase of up to $1.5 billion of Chubb's Common Shares from December 1, 2018 through December 31, 2019.