Registration of Swap Dealers and Major Swap Participants

Commodity Exchange Act (CEA) Section 4s(a) (7 U.S.C. 6s(a)) makes it unlawful for a swap dealer (SD) or major swap participant (MSP) to act as such unless registered with the Commodity Futures Trading Commission (CFTC). CEA Section 4s(b) (7 U.S.C. 6s(b)) requires that registration of SDs and MSPs be accomplished by filing an application in such form and manner as provided by the CFTC, containing such information as the CFTC considers necessary concerning the applicant’s business. Pursuant to regulations adopted by the CFTC pursuant to CEA Section 4s(b), SDs and MSPs are required to register on Form 7-R and principals listed by SDs and MSPs must submit Form 8-R. CFTC Form 7-R (for firms) and Form 8-R (for natural persons) request information about the applicant that is necessary to assess the applicant’s fitness to engage in business in the registration categories referenced above, subject to regulation and oversight by the CFTC. (1st IC) Commission Regulation 3.21(e) provides generally that, in lieu of submitting a fingerprint card for a foreign natural person who has not resided in the U.S. since the person’s 18th birthday, a swap dealer or major swap participant may certify that a criminal history background check of such foreign natural person has not revealed any matter that would statutorily disqualify him or her from being registered or listed as a principal. (2nd IC) Commission Regulation 23.23 addresses the cross-border application of the registration thresholds and certain requirements applicable to SDs and MSPs,and establishes a formal process for requesting comparability determinations from the Commission to permit substituted compliance with such requirements. (3rd IC)

The latest form for Registration of Swap Dealers and Major Swap Participants expires 2026-08-31 and can be found here.

Registration of Swap Dealers and Major Swap Participants

Federal Enterprise Architecture: General Government - Executive Functions

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