For Security-Based Swap Dealers: Compliance Date for SEC Pay-to-Play Rule 15Fh-6

Skadden Publication / Political Law Update

Ki P. Hong Charles M. Ricciardelli Matthew Bobys Melissa L. Miles Tyler Rosen Karina Bakhshi-Azar Theodore R. Grodek Sam Rothbloom

In 2016, the Securities and Exchange Commission (SEC) adopted Rule 15Fh-6, the pay-to-play rule for security-based swap dealers (SBS dealers) and companion to long-standing Commodity Futures Trading Commission pay-to-play Rule 23.451 for commodities-based swap dealers. We previously discussed Rule 15Fh-6 in our February 11, 2020, mailing.

Although October 6, 2021, marked the earliest compliance date for the rule, SBS dealers are not required to comply with the rule until they submit a complete application for registration, which must be submitted by November 1, 2021. In addition, according to a no-action letter released by the SEC Division of Trading and Markets on August 5, 2021, division staff — for purposes of making an enforcement recommendation to the SEC — will not consider SBS dealers to be conditionally registered until November 1, 2021, even if they apply to register before then.

This memorandum is provided by Skadden, Arps, Slate, Meagher & Flom LLP and its affiliates for educational and informational purposes only and is not intended and should not be construed as legal advice. This memorandum is considered advertising under applicable state laws.

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