[Code of Federal Regulations]
[Title 17, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 17CFR140.76]

[Page 493]
 
              TITLE 17--COMMODITY AND SECURITIES EXCHANGES
 
             CHAPTER I--COMMODITY FUTURES TRADING COMMISSION
 
PART 140_ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION--Table of 
 
                           Subpart B_Functions
 
Sec.  140.76  Delegation of authority to disclose information in a 

receivership or bankruptcy proceeding.

    (a) Pursuant to sections 2(a)(11) and 8(b) of the Act, the 
Commission hereby delegates, until such time as the Commission orders 
otherwise, to the Director of the Division of Enforcement, the Director 
of the Division of Clearing and Intermediary Oversight, the General 
Counsel or any Commission employee under their direction as they may 
designate, the authority to disclose data and information that would 
separately disclose the business transactions or market positions of any 
person and trade secrets or names of customers, when such disclosure is 
made in any receivership proceeding involving a receiver appointed in a 
judicial proceeding brought under the Act, or in any bankruptcy 
proceeding in which the Commission has intervened or in which the 
Commission has the right to appear and be heard under title 11 of the 
United States Code.
    (b) Notwithstanding the provisions of paragraph (a), in any case in 
which the Director of the Division of Enforcement, the Director of the 
Division of Clearing and Intermediary Oversight, the General Counsel, or 
any employee designated by them to make disclosures pursuant to this 
section believes it appropriate, the matter may be submitted to the 
Commission for consideration. In addition, the Commission reserves to 
itself the authority to determine whether to grant a request for 
information in any particular case.

[49 FR 4464, Feb. 7, 1984, as amended at 67 FR 62352, Oct. 7, 2002]