It’s a new year, and state legislatures around the country are beginning new legislative sessions. We expect to see more of them enacting Article 12 of the Uniform Commercial Code (UCC), which is designed to facilitate...more
1/20/2025
/ Blockchain ,
Compliance ,
Cryptocurrency ,
Digital Assets ,
Electronic Records ,
Financial Institutions ,
FinTech ,
Non-Fungible Tokens (NFTs) ,
Purchasers ,
Regulatory Requirements ,
Stablecoins ,
Uniform Commercial Code (UCC)
As we begin the 119th Congress, the nation is also preparing for the new administration to take office in just a few weeks. While federal action on digital assets remains a key focus, this week’s Crypto Policy Tracker shifts...more
1/13/2025
/ Anti-Money Laundering ,
Bank Secrecy Act ,
Banking Sector ,
Compliance ,
Cryptocurrency ,
CSBS ,
Digital Assets ,
Digital Currency ,
FinCEN ,
FinTech ,
Money Transmitter ,
Regulatory Agenda ,
Regulatory Requirements ,
State and Local Government
This week, Congress wrapped up its final session of the 118th Congress. Crypto legislation in the next Congress will likely be based on the bills introduced in the prior session, but we might see some significant changes to...more
This week, Congress wrapped up its final session of the 118th Congress. Crypto legislation in the next Congress will likely be based on the bills introduced in the prior session, but we might see some significant changes to...more
A significant headwind for companies in the digital asset space is that they have reportedly struggled to secure and maintain relationships with banks, in what is now called “Choke Point 2.0.” With the incoming Trump...more
12/16/2024
/ Cryptocurrency ,
Digital Assets ,
FDIC ,
Federal Reserve ,
Financial Regulatory Agencies ,
Financial Services Industry ,
FinTech ,
OCC ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Staff Accounting Bulletin ,
U.S. Treasury
The 119th Congress is positioned to be the most pro-crypto in history, reflecting a growing acknowledgment of the digital asset industry’s significance. What makes this moment truly remarkable is the unprecedented support of...more
In this update, we focus on the potential changes in the executive branch and on the congressional committees that have jurisdiction over cryptocurrency. As the transition unfolds, much attention is on who will stay from the...more
11/25/2024
/ Anti-Money Laundering ,
Board of Governors ,
Choke Point ,
Cryptocurrency ,
Digital Assets ,
Economic Action Plan ,
Executive Branch ,
FDIC ,
Federal Reserve ,
Financial Services Committee ,
Financial Services Industry ,
FinTech ,
GAO ,
NDAA ,
OCC ,
Secretary of the Treasury ,
Securities and Exchange Commission (SEC) ,
Trump Administration
With the 119th Congress set to take office in January, we’re here to keep you up to date on key developments in the fast-evolving landscape of crypto policy. As a reminder, each new Congress starts with a clean slate, meaning...more
11/18/2024
/ Anti-Money Laundering ,
CFTC ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Digital Assets ,
Financial Markets ,
Financial Regulatory Reform ,
Financial Services Industry ,
FinCEN ,
FinTech ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Stablecoins
On May 16, 2024, the United States Supreme Court, in a 7-2 opinion authored by Justice Clarence Thomas, upheld the constitutionality of the funding mechanism of the Consumer Financial Protection Bureau (“CFPB” or “Bureau”)....more
5/21/2024
/ Appropriation ,
Constitutional Challenges ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Financial Protection Bureau v Community Financial Services Association of America Ltd ,
Federal Funding ,
Federal Reserve ,
Financial Services Industry ,
Regulatory Agencies ,
Regulatory Authority ,
SCOTUS
The Consumer Financial Protection Bureau (“CFPB” or “Bureau”) recently issued a proposed rule that would prohibit financial institutions from charging nonsufficient funds (“NSF”) fees on instantaneously declined transactions....more
On November 7, 2023, the Consumer Financial Protection Bureau (“CFPB”) issued a proposed rule that would allow it to exercise its supervisory authority over larger nonbanks offering digital consumer payment applications, such...more
11/10/2023
/ Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Cryptocurrency ,
Digital Platforms ,
EFTA ,
Electronic Payment Transactions ,
Fund Transfers ,
Gramm-Leach-Blilely Act ,
Non-Bank Lenders ,
Payment Systems ,
Proposed Rules ,
UDAAP
As the world’s fifth-largest economy, the state of California plays a critical role in technological innovation globally, including in the areas of blockchain and financial technology. However, until now, the California...more
In a headline-grabbing action, the Securities and Exchange Commission (“SEC”) announced on February 9 that it had instituted and settled an enforcement action against Kraken, a large crypto trading platform, in which it...more
The UK Government has successfully positioned the UK as a FinTech and Crypto-friendly jurisdiction. At the same time, in a post-Brexit world, UK regulation of the crypto sector has lagged behind developments in the EU where...more
2/3/2023
/ AML/CFT ,
Anti-Money Laundering ,
Cryptoassets ,
Cryptocurrency ,
Financial Conduct Authority (FCA) ,
Financial Services and Markets Act ,
FinTech ,
FSMA ,
Stablecoins ,
UK ,
UK Brexit