---
kind: "section"
citation: "17 C.F.R. § 50.78"
title: "17"
number: "50.78"
heading: "Swaps entered into by bank holding companies."
url: "https://uscodex.org/cfr/17/50.78"
---

# §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](/cfr/17/45.3.md) and [45.4](/cfr/17/45.4.md) of this chapter, and reports all information as provided in [paragraph (b)](/cfr/17/50.50.md?p=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)](/cfr/17/50.50.md?p=c) of § 50.50.

## Notes

### Source

Source: 85 FR 76448, Nov. 30, 2020, unless otherwise noted.

### Authority

Authority: 7 U.S.C. 2(h), 6(c), and 7a-1, as amended by Pub. L. 111-203, 124 Stat. 1376.

### Source

Source: 77 FR 44455, July 30, 2012, unless otherwise noted.