§ 49.21. Conflicts of interest (Core Principle 3).
189 words·~1 min read·
/us/cfr/t17/s§ 49.21·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)General.
(1)Each swap data repository shall establish and enforce rules to minimize conflicts of interest in the decision-making process of the swap data repository, and establish a process for resolving such conflicts of interest.
(2)Nothing in this section shall supersede any requirement applicable to the swap data repository pursuant to § 49.20 of this part.
(b)Policies and procedures.
(1)Each swap data repository shall establish, maintain, and enforce written procedures to:
(i)Identify, on an ongoing basis, existing and potential conflicts of interest; and
(ii)Make decisions in the event of a conflict of interest. Such procedures shall include rules regarding the recusal, in applicable circumstances, of parties involved in the making of decisions.
(2)As further described in § 49.20 of this part, the chief compliance officer of the swap data repository shall, in consultation with the board of directors or a senior officer of the swap data repository, as applicable, resolve any such conflicts of interest.
(c)Compliance with core principle. The chief compliance officer of the swap data repository shall review the compliance of the swap data repository with this core principle.