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2026-07-06 10:51:44 -04:00

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LegalText 15 U.S.C. § 78c1 Swap agreements us united_states_code code_section 15 COMMERCE AND TRADE 2B SECURITIES EXCHANGES 78c1 15 U.S.C. § 78c1 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc15@119-100.zip /us/usc/t15/s78c1 data/legal/raw/us/code/title-15/usc15.xml 52d66785042eaf26765a84e3c4355292aa31aa132e9b85bfb82ae2a289d7575c 6982338d990ef19d6b52bff6825089bdd6d0ee1233d9382673faf533decd5059 bbee163625257687eec4ed8150f98faa2e4a68956b36fda0b7f136a41573e331 2026-07-04 official
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15 U.S.C. § 78c1 - Swap agreements

Text

(a) [Reserved]

(b) Security-based swap agreements (1) The definition of “security” in section 78c(a)(10) of this title does not include any security-based swap agreement.

(2) The Commission is prohibited from registering, or requiring, recommending, or suggesting, the registration under this chapter of any security-based swap agreement. If the Commission becomes aware that a registrant has filed a registration application with respect to such a swap agreement, the Commission shall promptly so notify the registrant. Any such registration with respect to such a swap agreement shall be void and of no force or effect.

(3) Except as provided in section 78p(a) of this title with respect to reporting requirements, the Commission is prohibited from—

(A) promulgating, interpreting, or enforcing rules; or

(B) issuing orders of general applicability;

under this chapter in a manner that imposes or specifies reporting or recordkeeping requirements, procedures, or standards as prophylactic measures against fraud, manipulation, or insider trading with respect to any security-based swap agreement.

(4) References in this chapter to the “purchase” or “sale” of a security-based swap agreement shall be deemed to mean the execution, termination (prior to its scheduled maturity date), assignment, exchange, or similar transfer or conveyance of, or extinguishing of rights or obligations under, a security-based swap agreement, as the context may require.

(June 6, 1934, ch. 404, title I, § 3A, as added Pub. L. 106554, § 1(a)(5) [title III, § 303(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A452; amended Pub. L. 111203, title VII, § 762(d)(1), July 21, 2010, 124 Stat. 1760.)

Notes

Editorial Notes

References in TextThis chapter, referred to in subsec. (b)(2) to (4), was in the original “this title”. See References in Text note set out under section 78a of this title.

Amendments2010—Subsec. (a). Pub. L. 111203, § 762(d)(1)(A), struck out subsec. (a) and reserved that subsec. Prior to amendment, text read as follows: “The definition of security in section 78c(a)(10) of this title does not include any non-security-based swap agreement (as defined in section 206C of the Gramm-Leach-Bliley Act).” Subsec. (b). Pub. L. 111203, § 762(d)(1)(B), struck out “(as defined in section 206B of the Gramm-Leach-Bliley Act)” after “security-based swap agreement” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 AmendmentAmendment by Pub. L. 111203 effective on the later of 360 days after July 21, 2010, or, to the extent a provision of subtitle B (§§ 761774) of title VII of Pub. L. 111203 requires a rulemaking, not less than 60 days after publication of the final rule or regulation implementing such provision of subtitle B, see section 774 of Pub. L. 111203, set out as a note under section 77b of this title.