US Code
CHAPTER 2B— SECURITIES EXCHANGES
§ 78j–2. Position limits and position accountability for security-based swaps and large trader reporting

(a) Position limitsAs a means reasonably designed to prevent fraud and manipulation, the Commission shall, by rule or regulation, as necessary or appropriate in the public interest or for the protection of investors, establish limits (including related hedge exemption provisions) on the size of positions in any security-based swap that may be held by any person. In establishing such limits, the Commission may require any person to aggregate positions in—(1) any security-based swap and any security or loan or group of securities or loans on which such security-based swap is based, which such security-based swap references, or to which such security-based swap is related as described in paragraph (68) of section 78c(a) of this title, and any other instrument relating to such security or loan or group or index of securities or loans; or
(2) any security-based swap and—(A) any security or group or index of securities, the price, yield, value, or volatility of which, or of which any interest therein, is the basis for a material term of such security-based swap as described in paragraph (68) of section 78c(a) of this title; and
(B) any other instrument relating to the same security or group or index of securities described under subparagraph (A).
(b) ExemptionsThe Commission, by rule, regulation, or order, may conditionally or unconditionally exempt any person or class of persons, any security-based swap or class of security-based swaps, or any transaction or class of transactions from any requirement the Commission may establish under this section with respect to position limits.
(c) SRO rules(1) In generalAs a means reasonably designed to prevent fraud or manipulation, the Commission, by rule, regulation, or order, as necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of this chapter, may direct a self-regulatory organization—(A) to adopt rules regarding the size of positions in any security-based swap that may be held by—(i) any member of such self-regulatory organization; or
(ii) any person for whom a member of such self-regulatory organization effects transactions in such security-based swap; and
(B) to adopt rules reasonably designed to ensure compliance with requirements prescribed by the Commission under this subsection.
(2) Requirement to aggregate positionsIn establishing the limits under paragraph (1), the self-regulatory organization may require such member or person to aggregate positions in—(A) any security-based swap and any security or loan or group or narrow-based security index of securities or loans on which such security-based swap is based, which such security-based swap references, or to which such security-based swap is related as described in section 78c(a)(68) of this title, and any other instrument relating to such security or loan or group or narrow-based security index of securities or loans; or
(B)(i) any security-based swap; and
(ii) any security-based swap and any other instrument relating to the same security or group or narrow-based security index of securities.
(d) Large trader reportingThe Commission, by rule or regulation, may require any person that effects transactions for such person’s own account or the account of others in any securities-based swap or uncleared security-based swap and any security or loan or group or narrow-based security index of securities or loans as set forth in paragraphs (1) and (2) of subsection (a) under this section to report such information as the Commission may prescribe regarding any position or positions in any security-based swap or uncleared security-based swap and any security or loan or group or narrow-based security index of securities or loans and any other instrument relating to such security or loan or group or narrow-based security index of securities or loans as set forth in paragraphs (1) and (2) of subsection (a) under this section.

Structure US Code

US Code

Title 15— COMMERCE AND TRADE

CHAPTER 2B— SECURITIES EXCHANGES

§ 78a. Short title

§ 78b. Necessity for regulation

§ 78c. Definitions and application

§ 78c–1. Swap agreements

§ 78c–2. Securities-related derivatives

§ 78c–3. Clearing for security-based swaps

§ 78c–4. Security-based swap execution facilities

§ 78c–5. Segregation of assets held as collateral in security-based swap transactions

§ 78d. Securities and Exchange Commission

§ 78d–1. Delegation of functions by Commission

§ 78d–2. Transfer of functions with respect to assignment of personnel to chairman

§ 78d–3. Appearance and practice before the Commission

§ 78d–4. Additional duties of Inspector General

§ 78d–5. Deadline for completing enforcement investigations and compliance examinations and inspections

§ 78d–6. Report and certification of internal supervisory controls

§ 78d–7. Triennial report on personnel management

§ 78d–8. Annual financial controls audit

§ 78d–9. Report on oversight of national securities associations

§ 78e. Transactions on unregistered exchanges

§ 78f. National securities exchanges

§ 78g. Margin requirements

§ 78h. Restrictions on borrowing and lending by members, brokers, and dealers

§ 78i. Manipulation of security prices

§ 78j. Manipulative and deceptive devices

§ 78j–1. Audit requirements

§ 78j–2. Position limits and position accountability for security-based swaps and large trader reporting

§ 78j–3. Compensation committees

§ 78j–4. Recovery of erroneously awarded compensation policy

§ 78k. Trading by members of exchanges, brokers, and dealers

§ 78k–1. National market system for securities; securities information processors

§ 78l. Registration requirements for securities

§ 78l–1. Applications for unlisted trading privileges deemed filed under

§ 78m. Periodical and other reports

§ 78m–1. Reporting and recordkeeping for certain security-based swaps

§ 78m–2. Reporting requirements regarding coal or other mine safety

§ 78n. Proxies

§ 78n–1. Shareholder approval of executive compensation

§ 78n–2. Corporate governance

§ 78o. Registration and regulation of brokers and dealers

§ 78o–1. Brokers deemed to be registered

§ 78o–2. Liabilities arising prior to amendment unaffected

§ 78o–3. Registered securities associations

§ 78o–4. Municipal securities

§ 78o–4a. Commission Office of Municipal Securities

§ 78o–5. Government securities brokers and dealers

§ 78o–6. Securities analysts and research reports

§ 78o–7. Registration of nationally recognized statistical rating organizations

§ 78o–8. Universal ratings symbols

§ 78o–9. Study and rulemaking on assigned credit ratings

§ 78o–10. Registration and regulation of security-based swap dealers and major security-based swap participants

§ 78o–11. Credit risk retention

§ 78p. Directors, officers, and principal stockholders

§ 78q. Records and reports

§ 78q–1. National system for clearance and settlement of securities transactions

§ 78q–2. Automated quotation systems for penny stocks

§ 78r. Liability for misleading statements

§ 78s. Registration, responsibilities, and oversight of self-regulatory organizations

§ 78t. Liability of controlling persons and persons who aid and abet violations

§ 78t–1. Liability to contemporaneous traders for insider trading

§ 78u. Investigations and actions

§ 78u–1. Civil penalties for insider trading

§ 78u–2. Civil remedies in administrative proceedings

§ 78u–3. Cease-and-desist proceedings

§ 78u–4. Private securities litigation

§ 78u–5. Application of safe harbor for forward-looking statements

§ 78u–6. Securities whistleblower incentives and protection

§ 78u–7. Implementation and transition provisions for whistleblower protection

§ 78v. Hearings by Commission

§ 78w. Rules, regulations, and orders; annual reports

§ 78x. Public availability of information

§ 78y. Court review of orders and rules

§ 78z. Unlawful representations

§ 78aa. Jurisdiction of offenses and suits

§ 78aa–1. Special provision relating to statute of limitations on private causes of action

§ 78bb. Effect on existing law

§ 78cc. Validity of contracts

§ 78dd. Foreign securities exchanges

§ 78dd–1. Prohibited foreign trade practices by issuers

§ 78dd–2. Prohibited foreign trade practices by domestic concerns

§ 78dd–3. Prohibited foreign trade practices by persons other than issuers or domestic concerns

§ 78ee. Transaction fees

§ 78ff. Penalties

§ 78gg. Separability

§ 78hh. Effective date

§ 78hh–1. Effective date of certain sections

§ 78ii. Omitted

§ 78jj. Repealed. , ,

§ 78kk. Authorization of appropriations

§ 78ll. Requirements for the EDGAR system

§ 78mm. General exemptive authority

§ 78nn. Tennessee Valley Authority

§ 78oo. Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Home Loan Banks

§ 78pp. Investor Advisory Committee

§ 78qq. Small Business Capital Formation Advisory Committee

§ 78rr. Data standards for security-based swap reporting