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Ex Parte Meeting for Proposed Rule 75 FR 80174

  • Title:
    Meeting with Cypress and three Credit Derivative Products Companies (CDPCs)

    Ex Parte No: 223
    Date: 4/7/2011

    Meeting Date:

    Thursday, April 7, 2011

    CFTC Staff:

    Terry Arbit
    Lee Ann Duffy
    Mark Fajfar
    Julian Hammar
    Steven Seitz

    Organization(s):

    The Cypress Group (Cypress)
    Primus Asset Management, Inc. (Primus)
    Invicta Financial Group (Invicta)
    Quadrant Structured Investment Advisers LLC (Quadrant)
    U.S. Securities and Exchange Commission (SEC)

    External Attendees:

    Brant Imperatore (Cypress)
    Richard Claiden (Primus)
    Steven B. Kahn (Invicta)
    Gene Park (Quadrant)
    Josh Kans (SEC)
    Richard Grant (SEC)

    Additional Information:

    The meeting took place at the offices of the CFTC in Washington, D.C.  Josh Kans (SEC) and Richard Grant (SEC) joined by telephone conference. The external attendees discussed with CFTC and SEC staff (1) whether CDPCs are likely to be covered by the definition of swap dealer or security based swap dealer and the extent of their run-off activities, (2) whether CDPCs are likely to be covered by the definition of major swap participant or major security based swap participant, (3) the CDPC business model, capital structure, leverage and relevant operating guidelines, (4) why CDPCs are unable to post collateral to counterparties, (5) the size and tenor of their investment portfolios, (6) types of outstanding transactions (e.g., single name CDS, managed portfolio or static broad based index) and (7) whether CDPCs pose systemic risk.

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