In this article, Elanit Snow discusses the SEC’s proposed Rule 10B-1 in detail, which requires the reporting of large security-based swap positions above certain prescribed thresholds. She begins by comparing the proposed rule to other recently enacted and proposed regulations, observing that the proposal enters a crowded regulatory environment. Next, the article examines the SEC’s rulemaking authority and explores events that have directly contributed to enacting this proposed regulation. Finally, Elanit provides an in-depth summary of proposed Rule 10B-1 and identify potential conflicts with existing regulations and unintended consequences of the proposed Rule.

Reproduced with permission. Originally published May 2023, in The Review of Securities & Commodities Regulation, Vol. 56, No. 13, Review of Securities & Commodities Regulation (civicresearchinstitute.com).