(a) [Reserved]
(b) Security-based swap agreements(1) The definition of “security” in section 77b(a)(1) of this title does not include any security-based swap agreement (as defined in section 78c(a)(78) of this title).
(2) The Commission is prohibited from registering, or requiring, recommending, or suggesting, the registration under this subchapter of any security-based swap agreement (as defined in section 78c(a)(78) of this title). If the Commission becomes aware that a registrant has filed a registration statement with respect to such a swap agreement, the Commission shall promptly so notify the registrant. Any such registration statement with respect to such a swap agreement shall be void and of no force or effect.
(3) The Commission is prohibited from—(A) promulgating, interpreting, or enforcing rules; or
(B) issuing orders of general applicability;
under this subchapter in a manner that imposes or specifies reporting or recordkeeping requirements, procedures, or standards as prophylactic measures against fraud, manipulation, or insider trading with respect to any security-based swap agreement (as defined in section 78c(a)(78) of this title).
(4) References in this subchapter to the “purchase” or “sale” of a security-based swap agreement shall be deemed to mean the execution, termination (prior to its scheduled maturity date), assignment, exchange, or similar transfer or conveyance of, or extinguishing of rights or obligations under, a security-based swap agreement (as defined in section 78c(a)(78) of this title), as the context may require.
Structure US Code
CHAPTER 2A— SECURITIES AND TRUST INDENTURES
SUBCHAPTER I— DOMESTIC SECURITIES
§ 77b. Definitions; promotion of efficiency, competition, and capital formation
§ 77c. Classes of securities under this subchapter
§ 77d–1. Requirements with respect to certain small transactions
§ 77e. Prohibitions relating to interstate commerce and the mails
§ 77f. Registration of securities
§ 77g. Information required in registration statement
§ 77h. Taking effect of registration statements and amendments thereto
§ 77h–1. Cease-and-desist proceedings
§ 77j. Information required in prospectus
§ 77k. Civil liabilities on account of false registration statement
§ 77l. Civil liabilities arising in connection with prospectuses and communications
§ 77n. Contrary stipulations void
§ 77o. Liability of controlling persons
§ 77p. Additional remedies; limitation on remedies
§ 77q. Fraudulent interstate transactions
§ 77r. Exemption from State regulation of securities offerings
§ 77r–1. Preemption of State law
§ 77s. Special powers of Commission
§ 77t. Injunctions and prosecution of offenses
§ 77v. Jurisdiction of offenses and suits
§ 77w. Unlawful representations
§ 77y. Jurisdiction of other Government agencies over securities
§ 77z–1. Private securities litigation
§ 77z–2. Application of safe harbor for forward-looking statements
§ 77z–2a. Conflicts of interest relating to certain securitizations
§ 77z–3. General exemptive authority
§ 77aa. Schedule of information required in registration statement