SEC, CFTC to Coordinate Review of New Derivative Products

Securities and Exchange Commission (SEC) chairman Christopher Cox and Commodity Futures Trading Commission (CFTC) acting chairman Walter L. Lukken have signed a mutual cooperation agreement to establish a closer working relationship between their agencies. The agreement establishes a permanent regulatory liaison between the agencies, provides for enhanced information sharing, and sets forth several key principles guiding their consideration of novel financial products that may reflect elements of both securities and commodity futures or options. The agencies also announced their immediate plans to consider two new derivative products under the agreement. Both products would be based on the streetTracks ® Gold Trust Shares (Gold Shares). One product is an option that would be traded on options exchanges, and the other is a future that would trade on a single stock futures exchange. In addition, the Options Clearing Corporation, which is subject to the joint jurisdiction of the agencies in certain areas, recently filed with both the SEC and the CFTC for approval to clear and settle both of the new products. Both agencies expect to issue notices for public comment in the near future.


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