Proceedings of 30th International Business Research Conference 20 - 22 April 2015, Flora Grand Hotel, Dubai, UAE, ISBN: 978-1-922069-74-0 The Law and Regulation of Margin Accounts used in Futures and Cleared Swaps Transactions Christian Chamorro-Courtland* My research describes some US legal developments for the protection of customer assets in futures and cleared swaps transactions after the global financial crisis. It considers the changes made by the Dodd-Frank Act and the effects of the US Bankruptcy Code. It considers whether the changes have sufficiently increased the protection of customer assets in the event of a Futures Commission Merchant (FCM) becoming bankrupt. It provides a detailed analysis of the laws and regulations that apply to margin accounts that are used to enter into transactions on the futures markets, including standardized swaps that require mandatory clearing after the G20 Summit in Pittsburgh. It also considers the rights that the various participants have in the margin they post for futures and cleared swaps transactions; these rights will be affected by bankruptcy laws and/or the Central Counterparty’s (CCP) clearing rules upon the insolvency of a customer, a clearing member, the CCP, or any combination of all three. My findings suggest that there still remains legal uncertainty. The law in the US is in a state of disarray, since there are a multitude of overlapping laws and regulatory authorities dealing with the various relationships of the market participants. I recommend that a private form of insurance, rather than a public form, would increase the level of customer protection and confidence as it has in the securities markets. The securities markets in the US currently provide a public form of insurance with the Securities Investors Protection Corporation (SIPC) against any losses suffered by customers due operational risks or a broker’s fraud. Private insurance, however, is preferable in order to ensure that taxpayer money is not used to reimburse consumers that have decided to speculate or hedge in the futures and swaps markets. Overall, this article attempts to explain the legal ambiguities of customer rights in margin accounts in order to minimize any legal uncertainty for regulators, government officials (including the Federal Reserve), and the courts, as they will need to respond quickly to allocate losses and return assets to customers during the next financial crisis. Field of Research: Business Law * Dr. Christian Chamorro-Courtland is an Assistant Professor in Business Law & Ethics at Zayed University (College of Business), United Arab Emirates. LLB, LLM (King’s College London, UK), PhD (Osgoode Hall Law School, York University, Canada). Email: christian.chamorro-courtland@zu.ac.ae