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Ex Parte Meeting for Proposed Rule 75 FR 80174

  • Title:
    Definitions Meeting with Gavilon

    Ex Parte No: 177
    Date: 5/11/2011

    Meeting Date:

    Wednesday, May 11, 2011

    CFTC Staff:

    Mark Fajfar
    Julian Hammar
    David Aron
    Christopher Cummings
    Steve Kane
    Rose Troia
    Don Heitman
    Greg Kuserk
    Bruce Fekrat
    Ryne Miller


    Gavilon LLC

    Delta Strategy Group

    External Attendees:

    Dennis Stieren (Gavilon LLC)
    Ed Prosser (Gavilon LLC)
    Lance Kotschwar (Gavilon LLC)
    Scott Parsons (Delta Strategy Group)
    Graham Harper (Delta Strategy Group)
    Jeff Dinwoodie (SEC)
    Josh Kans (SEC)

    Additional Information:

    In the meeting, Gavilon said that the final rule defining “swap dealer” should clarify when a company that uses swaps for more than one purpose would be deemed a swap dealer.  In particular, Gavilon explained that it uses swaps primarily to hedge commercial risks related to its agricultural commodity and energy commodity businesses, but that it also occasionally uses swaps to seek a proprietary profit.  Gavilon said the final definition should provide that a company would not necessarily be a swap dealer simply because it uses swaps for purposes other than to hedge commercial risk, and that the final definition should account for the difficulty of pinpointing precisely the purpose of each swap a company may use.  Gavilon also said that the de minimis exception from the swap dealer definition should allow for meaningful use of swaps for various business purposes without necessarily requiring registration as a swap dealer.