17 CFR § 50.78 - Swaps entered into by bank holding companies.

---
identifier: "/us/cfr/t17/s50.78"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "17 CFR § 50.78 - Swaps entered into by bank holding companies."
title_number: 17
title_name: "Commodity and Securities Exchanges"
section_number: "50.78"
section_name: "Swaps entered into by bank holding companies."
chapter_name: "COMMODITY FUTURES TRADING COMMISSION"
part_number: "50"
part_name: "CLEARING REQUIREMENT AND RELATED RULES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "7 U.S.C. 2(h), 6(c), and 7a-1, as amended by Pub. L. 111-203, 124 Stat. 1376."
regulatory_source: "77 FR 44455, July 30, 2012, unless otherwise noted."
cfr_part: "50"
---


# 50.78 Swaps entered into by bank holding companies.

(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.

(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:

(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;

(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

(3) The swap is used to hedge or mitigate commercial risk as provided in paragraph (c) of § 50.50.