CFTC Proposes Rulemaking Regarding Automated Trading
December 2, 2015 CFTC Proposes Rulemaking Regarding Automated Trading CFTC Proposes Regulation AT to Impose Registration, Pre-Trade Risk Control and System Safeguard Requirements for Automated Trading Firms and Related Obligations for Clearing Members and Exchanges INTRODUCTION On November 24, 2015, the Commodity Futures Trading Commission (the “CFTC” or “Commission”) voted unanimously to issue proposed rules to implement a framework of registration, compliance, recordkeeping and reporting rules for market participants engaging in algorithmic (or automated) trading activity. The proposal would also impose algorithmic trading compliance and oversight obligations on clearing member futures commission merchants (“clearing member FCMs”) and designated contract markets (“DCMs” or “exchanges”) and would impose a range of new requirements on DCMs. The proposed algorithmic trading rules (collectively, proposed “Regulation AT”), which would largely codify a range of existing industry best practices, follows the CFTC’s September 2013 Concept Release on Risk Controls and System Safeguards for Automated Trading Environments, in which the Commission originally solicited public comments on how best to address the transition to an automated and interconnected trading environment. Regulation AT includes proposed definitions for several previously undefined terms, notably including algorithmic trading, an AT Person (as used herein, “AT Person”), and direct electronic access (or “DEA”). The proposal does not define high-frequency trading, and instead is designed to apply to all algorithmic or automated trading, regardless of the speed of trading. Regulation AT would also require firms that are not otherwise registered with the CFTC in some other capacity, and that trade via DEA, to register with the CFTC as floor traders. New York Washington, D.C.
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