{"data":{"id":"us/17-cfr-50.78","jurisdiction":"us","citation":"17 CFR 50.78","heading":"Swaps entered into by bank holding companies.","body":"(a) For purposes of this section, the term bank holding company means an entity that is organized as a bank holding company, as defined in section 2 of the Bank Holding Company Act of 1956.\n(b) A swap entered into by a bank holding company shall not be subject to the clearing requirement of section 2(h)(1)(A) of the Act and this part if:\n(1) The bank holding company has aggregated assets, including the assets of all of its subsidiaries, that do not exceed $10,000,000,000 according to the value of assets of each subsidiary on the last day of each subsidiary's most recent fiscal year;\n(2) One of the counterparties to the swap reports the swap to a swap data repository pursuant to §§ 45.3 and 45.4 of this chapter, and reports all information as provided in paragraph (b) of § 50.50 to a swap data repository; and\n(3) The swap is used to hedge or mitigate commercial risk as provided in paragraph (c) of § 50.50.","path":["Title 17—Commodity and Securities Exchanges","CHAPTER I—COMMODITY FUTURES TRADING COMMISSION","PART 50—CLEARING REQUIREMENT AND RELATED RULES","Subpart D—Swaps Not Subject to the Clearing Requirement"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-17.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:24:31Z","sha256":"497662d05dccb055f4c26d409ba4118dd7a752b08cf09492a82bb788db5997e0","source_id":"us-cfr","stale":true,"prev":"us/17-cfr-50.77","next":"us/17-cfr-50.79"},"notice":"GroundRules: Original legal text. Not legal advice."}