§ 242.804. Listing products for trading by certification.
615 words·~3 min read·
/us/cfr/t17/s§ 242.804·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)General. A security-based swap execution facility must comply with the submission requirements of this section prior to listing a product for trading that has not been approved under § 242.805 or that remains a dormant product subsequent to being submitted under this section or approved under § 242.805. A submission shall comply with the following conditions:
(1)The security-based swap execution facility has filed its submission electronically with the Commission using the EFFS system;
(2)The Commission has received the submission by the open of business on the business day that is 10 business days preceding the product's listing; and
(3)The submission includes:
(i)A copy of the submission cover sheet in accordance with the instructions therein;
(ii)A copy of the product's rules, including all rules related to its terms and conditions;
(iii)The intended listing date;
(iv)A certification by the security-based swap execution facility that the product to be listed complies with the Act and the Commission's rules thereunder;
(v)A concise explanation and analysis of the product and its compliance with applicable provisions of the Act, including core principles, and the Commission's rules thereunder. This explanation and analysis shall either be accompanied by the documentation relied upon to establish the basis for compliance with applicable law, or incorporate information contained in such documentation, with appropriate citations to data sources;
(vi)A certification that the security-based swap execution facility posted a notice of pending product certification with the Commission and a copy of the submission, concurrent with the filing of a submission with the Commission, on the security-based swap execution facility's website. Information that the security-based swap execution facility seeks to keep confidential may be redacted from the documents published on the security-based swap execution's website but must be republished consistent with any determination made pursuant to § 240.24b-2 of this chapter; and
(vii)A request for confidential treatment, if appropriate, as permitted under § 240.24b-2 of this chapter.
(b)Additional information. If requested by Commission staff, a security-based swap execution facility shall provide any additional evidence, information, or data that demonstrates that the security-based swap meets, initially or on a continuing basis, the requirements of the Act or the Commission's rules or policies thereunder.
(c)Stay of certification of product---(1) General. The Commission may stay the certification of a product submitted pursuant to paragraph
(a)of this section by issuing a notification informing the security-based swap execution facility that the Commission is staying the certification of the product on the grounds that the product presents novel or complex issues that require additional time to analyze, the product is accompanied by an inadequate explanation, or the product is potentially inconsistent with the Act or the Commission's rules thereunder. The Commission will have an additional 90 days from the date of the notification to conduct the review.
(2)Public comment. The Commission shall provide a 30-day comment period within the 90-day period in which the stay is in effect, as described in paragraph (c)(1) of this section. The Commission shall publish a notice of the 30-day comment period on the Commission's website. Comments from the public shall be submitted as specified in that notice.
(3)Expiration of a stay of certification of product. A product subject to a stay pursuant to this paragraph shall become effective, pursuant to the certification, at the expiration of the 90-day review period described in paragraph (c)(1) of this section, unless the Commission withdraws the stay prior to that time, or the Commission notifies the security-based swap execution facility during the 90-day time period that it objects to the proposed certification on the grounds that the product is inconsistent with the Act or the Commission's rules.