The Commodity Futures Trading Commission has announced it is removing its 2016 guidance on recovery and wind-down plans for systemically important derivatives clearinghouses, citing existing regulations that provide sufficient oversight and aiming to clarify regulatory expectations.
The Commodity Futures Trading Commission (CFTC) has announced that it’s officially pulling back CFTC Letter No. 16-61, which previously offered guidance on Recovery Plans and Wind-down Plans for Derivatives Clearing Organizations (DCOs). This letter, first issued in July 2016 by the CFTC’s Division of Clearing and Risk, was designed to help systemically important clearinghouses improve and update their contingency plans, especially for scenarios that could threaten their operational viability and financial stability. Recently, though, the CFTC said that this guidance is now basically redundant and unnecessary, since the existing regulations already require DCOs to keep viable recovery and wind-down plans that align with the Commodity Exchange Act, CFTC rules, and international standards.
The guidance that’s now being withdrawn played an important role in helping clearinghouses figure out recovery strategies and develop orderly ways to wind down in crisis situations—covering critical risk management and contingency measures during stressful market episodes. But here’s the thing: systemically important DCOs—those subject to Subpart C of Part 39 of CFTC’s rules—already face detailed requirements that mandate these kinds of plans independently. This overlap in regulation has led the CFTC to conclude that the old letter no longer provides much added value and, in fact, might cause some confusion or just unnecessary duplication of expectations.
This step comes as part of ongoing regulatory developments aimed at strengthening DCO resilience. For example, in April 2024, the CFTC’s Market Risk Advisory Committee (MRAC) laid out recommendations emphasizing the importance of supervisory stress tests, identifying recovery and wind-down scenarios, and incorporating non-default losses into recovery and resolution plans for all clearing organizations. Plus, the CFTC is working on broader rules—like a proposed rule published in 2023, which is open for public comment—that seek to clearly define what scenarios might threaten a DCO’s ability to meet its obligations and specify how to conduct orderly wind-down procedures during crises.
All of this points to a focused effort within US financial market oversight to strengthen clearinghouse resilience and reduce systemic risk overall. Similar initiatives are underway at the Securities and Exchange Commission (SEC), where officials are emphasizing the importance of formal recovery and wind-down plans for clearing agencies—aiming to promote market stability and keep disruptions to a minimum.
So, just to be clear, the CFTC’s withdrawal of the 2016 guidance isn’t about easing standards. It’s more about trimming down overlapping guidance to make regulatory expectations clearer and more straightforward. There’s strong confidence that current rules, along with the evolving proposals, already sufficiently cover the necessary steps for DCO recovery and smooth winddowns. Going forward, market participants can expect continued regulatory oversight and ongoing improvements designed to ensure the robustness of derivatives clearing systems—they really are vital to keeping the global financial markets functioning smoothly.
References:
Source: Noah Wire Services
Verification / Sources
- https://mondovisione.com/media-and-resources/news/cftc-staff-withdraws-guidance-on-dco-recovery-plans-and-wind-down-plans-2025912/ - Please view link - unable to able to access data
- https://www.cftc.gov/PressRoom/PressReleases/9120-25 - On September 11, 2025, the Commodity Futures Trading Commission (CFTC) announced the immediate withdrawal of CFTC Letter No. 16-61, titled 'Recovery Plans and Wind-down Plans Maintained by Derivatives Clearing Organizations and Tools for the Recovery and Orderly Wind-down of Derivatives Clearing Organizations'. The CFTC stated that systemically important derivatives clearing organizations (DCOs) and those electing to be subject to Subpart C of Part 39 of the CFTC’s regulations are already required to maintain viable recovery and wind-down plans consistent with the Commodity Exchange Act, CFTC regulations, and relevant international standards, rendering the guidance duplicative and unnecessary.
- https://www.cftc.gov/PressRoom/PressReleases/7409-16 - On July 21, 2016, the CFTC's Division of Clearing and Risk issued guidance to clearinghouses to aid in developing Recovery Plans and Wind-down Plans. These plans are critical for risk management and contingency planning to address extreme circumstances that could threaten a clearinghouse's viability and financial strength. The guidance highlights topics that clearinghouses should analyse when developing these plans, including evaluating recovery tools and designing proposed rule changes to support their inclusion.
- https://www.cftc.gov/node/214391 - CFTC Letter No. 16-61, issued on July 21, 2016, provides guidance to Derivatives Clearing Organizations (DCOs) to assist in revising and improving their Recovery Plans and Wind-down Plans. The letter outlines the necessary elements and considerations for DCOs to develop effective plans to address scenarios that could threaten their viability and financial strength.
- https://www.cftc.gov/PressRoom/PressReleases/9021-24 - On April 9, 2024, the CFTC's Market Risk Advisory Committee (MRAC) approved recommendations on DCO Recovery and Orderly Wind-Down Plans; Information for Resolution Planning. The recommendations include implementing supervisory stress tests for all DCOs, requiring DCOs to determine recovery and wind-down scenarios and analyses, and supporting the inclusion of non-default losses in recovery and resolution planning for all DCOs.
- https://www.cftc.gov/LawRegulation/FederalRegister/proposedrules/2023-14457.html - The CFTC's proposed rulemaking, published in the Federal Register on May 30, 2023, seeks public comment on aspects of recovery and orderly wind-down plans for DCOs. The proposal includes requirements for DCOs to identify scenarios that could prevent them from meeting obligations, describe tools for orderly wind-down, and assess the effectiveness of these tools.
- https://www.sec.gov/newsroom/speeches-statements/crenshaw-statement-clearinghouse-051723 - On May 17, 2023, SEC Commissioner Caroline A. Crenshaw delivered a statement on covered clearing agency resilience and recovery and wind-down plans. She highlighted the importance of clearing agencies in capital markets and discussed the SEC's proposal to codify requirements for recovery and wind-down plans to ensure consistency and minimise disruption in the financial system.
Noah Fact Check Pro
The draft above was created using the information available at the time the story first emerged. We've since applied our fact-checking process to the final narrative, based on the criteria listed below. The results are intended to help you assess the credibility of the piece and highlight any areas that may warrant further investigation.
Freshness check
Score: 10
Notes: The narrative is current, with the CFTC's withdrawal of guidance announced on September 11, 2025. No earlier versions of this specific content were found, indicating high freshness.
Quotes check
Score: 10
Notes: The narrative does not contain direct quotes, suggesting originality.
Source reliability
Score: 8
Notes: The narrative originates from Mondo Visione, a financial markets intelligence platform. While it provides relevant information, its reputation and credibility are less established compared to major news outlets.
Plausability check
Score: 9
Notes: The narrative aligns with the CFTC's official announcement on September 11, 2025, confirming the withdrawal of guidance on DCO recovery and wind-down plans. The information is consistent with other reputable sources, such as the CFTC's press release. No discrepancies or implausible claims were identified.
Overall assessment
Veredict (FAIL, OPEN, PASS): PASS
Confidence (LOW, MEDIUM, HIGH): HIGH
Summary: The narrative is current and original, with no significant issues identified. The source's reliability is moderate, but the information is consistent with official CFTC communications.