On April 27, the Commodity Futures Trading Commission (CFTC) and Securities and Exchange Commission (SEC) proposed a series of rules and interpretive guidance to define the terms “swaps,” “security-based swaps,” and “security-based swap agreements.” The Dodd-Frank Act that passed last year requires the CFTC and SEC to issue joint rules defining a “swap.” There has been some concern that insurance products could be unintentionally considered a “swap” under the broad definition contained in the Act.
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