Sec. 358. Bona fide hedge defined to protect end-user risk management needs
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/bill/113/hr/4413/eh/section-358A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 4a(c) of the Commodity Exchange Act ( 7 U.S.C. 6a(c) ) is amended— in paragraph (1)— by striking may and inserting shall ; and by striking future for which and inserting future, to be determined by the Commission, for which either an appropriate swap is available or ; in paragraph (2)— in the matter preceding subparagraph (A), by striking subsection (a)(2) and all that follows through position as and inserting paragraphs
(2)and
(5)of subsection
(a)for swaps, contracts of sale for future delivery, or options on the contracts or commodities, a bona fide hedging transaction or position is ; and in subparagraph (A)(ii), by striking of risks and inserting or management of current or anticipated risks ; and by adding at the end the following: The Commission may further define, by rule or regulation, what constitutes a bona fide hedging transaction, provided that the rule or regulation is consistent with the requirements of subparagraphs
(A)and
(B)of paragraph (2). .
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Sec. 358
Bona fide hedge defined to protect end-user risk management needs
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