SEC Commissioner Peirce has revived and refreshed her proposed three-year safe harbor for qualifying token projects, but some unresolved ambiguities remain.
US Securities and Exchange Commission (SEC) Commissioner Hester...more
The State of Wyoming is solidifying its position as the friendliest state in the US for digital asset innovation. Although comprehensive digital asset regulation at the federal level remains elusive, US states are angling to...more
For market participants pivoting toward ESG and digital assets, weighing the issues at the crossroads of these two megatrends is critical.
The huge rise in popularity of Bitcoin - and the growing interest by mainstream...more
4/13/2021
/ AML/CFT ,
Blockchain ,
Climate Change ,
Corporate Governance ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Digital Assets ,
Environmental Social & Governance (ESG) ,
Paris Agreement ,
Popular ,
Risk Management
The CFTC continues to demonstrate a commitment to using its regulatory mandate to combat climate change risks to the US financial system.
On March 17, 2021, the Commodity Futures Trading Commission (CFTC) announced the...more
As the market for NFTs heats up, market participants should remain mindful of the regulatory implications of complex schemes.
As the current crypto boom has progressed, it seemed Decentralized Finance (DeFi) had cemented...more
3/15/2021
/ Blockchain ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Digital Assets ,
Ethereum ,
Fine Art ,
FinTech ,
Insurance Industry ,
Market Participants ,
Marketing ,
Non-Fungible Tokens (NFTs) ,
Online Marketplace
Regulators once again offered piecemeal guidance, while focusing on risks and enforcement. Meanwhile, innovation and institutional adoption took off. Last year, Latham & Watkins sounded a hopeful note that 2020 would provide...more
1/22/2021
/ Biden Administration ,
Central Bank Digital Currency (CBDCs) ,
CFTC ,
Digital Assets ,
Enforcement Actions ,
Federal Reserve ,
FinCEN ,
No-Action Letters ,
OCC ,
Popular ,
Regulatory Requirements ,
Safe Harbors ,
Securities and Exchange Commission (SEC) ,
Securities Tokens ,
Token Sales
A new proposal would subject financial institutions and exchanges to onerous recordkeeping and reporting requirements for certain digital currency transactions.
In a surprise release in the waning days of the Trump...more
1/15/2021
/ Anti-Money Laundering ,
Bank Secrecy Act ,
Bitcoin ,
Cryptocurrency ,
Digital Assets ,
Ether ,
Financial Institutions ,
FinCEN ,
Money Services Business ,
National Security ,
NDAA ,
Popular ,
Recordkeeping Requirements ,
Reporting Requirements ,
Terrorism Funding ,
Virtual Currency
In a year-end change of course, the SEC identified the minimum steps that broker-dealers must take when acting as custodians of digital asset securities. On December 23, 2020, the US Securities and Exchange Commission (SEC)...more
1/13/2021
/ Asset Tokens ,
Blockchain ,
Broker-Dealer ,
Custody ,
Digital Assets ,
Distributed Ledger Technology (DLT) ,
Enforcement ,
Financial Industry Regulatory Authority (FINRA) ,
Market Participants ,
New Guidance ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
SIFMA ,
Virtual Currency
The no-action relief applies to family offices with at least US$50 million in total assets (Institutional Family Offices) and requires broker-dealers seeking to rely on the relief to establish and maintain specific additional...more
In a new publication, ISDA explores the benefits of digitization and blockchain solutions for global foreign exchange derivatives markets.
As blockchain and distributed ledger technology (DLT) use cases continue to grow...more
The no-action letter is the first to expressly permit token transfer off-platform to non-users and conversion to fiat currency by token holders.
As crypto prices surge, we find ourselves in the midst of another crypto wave....more
The US prudential regulator is paying attention to climate risks, and will likely act to mitigate those risks if they threaten financial stability.
In its November 2020 Financial Stability Report (the Report), the Board of...more
12/1/2020
/ Banking Sector ,
Biden Administration ,
Board of Governors ,
CFTC ,
Climate Change ,
Federal Reserve ,
Financial Markets ,
Financial Stability Board ,
Information Reports ,
Paris Agreement ,
Risk Assessment ,
Risk Management ,
United Nations
The CFTC issues stringent guidelines for FCMs seeking to custody digital assets in connection with physically delivered futures contracts or swaps.
The US Commodity Futures Trading Commission’s (CFTC’s) Division of Swap...more
11/19/2020
/ Advisory Opinions ,
CFTC ,
Depository Institutions ,
Digital Assets ,
Disclosure Requirements ,
DSIO ,
Futures ,
Futures Commission Merchants (FCMs) ,
Risk Management ,
Swaps ,
Virtual Currency
In setting forth its rationale, FINRA observed that private placement retail communications reviewed by AdReg have “revealed significant and pervasive” violations of FINRA Rule 2210.
On October 28, 2020, the Financial...more
11/12/2020
/ Broker-Dealer ,
Client Communication ,
Comment Period ,
Financial Industry Regulatory Authority (FINRA) ,
Investment Company Act of 1940 ,
Private Offerings ,
Private Placements ,
Proposed Amendments ,
Qualified Institutional Buyers ,
Regulation S ,
Retail Investors ,
Rule 144A ,
Rule 2210 ,
Securities and Exchange Commission (SEC)
In its finalized rule amending ERISA, the DOL makes financial factors paramount in a fiduciary’s responsibility to investors.
On October 30, 2020, the US Department of Labor (DOL) published Financial Factors in Selecting...more
11/10/2020
/ Carbon Emissions ,
Corporate Counsel ,
Corporate Governance ,
Corporate Social Responsibility ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Social & Governance (ESG) ,
Fiduciary Duty ,
Final Rules ,
Investment Management ,
Net Zero ,
Pension Funds ,
Public Comment ,
Publicly-Traded Companies ,
Retirement Plan ,
Sustainable Business Practices
The launch of the Protocol and the Supplement represents a key landmark in the transition away from IBORs but is not a one-stop solution.
Key Points:
..The Protocol and the Supplement, which take effect on January 25,...more
Regulators and industry groups strongly encourage market participants to adopt ISDA’s much-anticipated IBOR Fallbacks Protocol and Definitions Supplement.
The International Swaps and Derivatives Association (ISDA) has...more
US Department of Justice’s sprawling report reveals regulatory enforcement priorities for cryptocurrencies and highlights multi-agency cooperation.
On October 8, 2020, the US Attorney General’s Cyber-Digital Task Force of...more
10/20/2020
/ AML/CFT ,
Cryptoassets ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Assets ,
Enforcement ,
Financial Regulatory Agencies ,
Information Reports ,
Popular ,
Securities and Exchange Commission (SEC) ,
Strategic Enforcement Plan ,
Suspicious Activity Reports (SARs)
The proposal would significantly impact finders by granting tailored exemptive relief to individuals engaging in limited capital raising activity.
Key Points:
..The Proposal would provide a conditional exemption that...more
The changes will have implications for the growing secondary market for non-listed securities.
On September 16, 2020, the US Securities and Exchange Commission (SEC) adopted amendments to Rule 15c2-11 (the amended Rule) of...more
SEC relief streamlines noncustodial settlement of digital asset trades, but broker-dealer custody is still off-limits.
On September 25, 2020, the US Securities and Exchange Commission (SEC) issued a no-action letter (the...more
The US OCC allows banks, with certain restrictions, to hold assets in reserve for stablecoin issuers.
On September 21, 2020, the US Office of the Comptroller of the Currency (OCC) issued Interpretive Letter #1172 (the...more
A watershed CFTC report highlights the dangers of climate change to the US economy, and provides a broad risk-mitigation roadmap.
On September 9, 2020, the US Commodity Futures Trading Commission’s (CFTC’s) Climate-Related...more
As third-party access to consumer financial data expands, regulators balance innovation, customer choice, and data protection.
Consumers’ rights to access and use their personal financial information has been a key focus of...more
As COVID-19 continues to disrupt routine operations, OCIE reminds broker-dealers and investment advisers of their ongoing obligations.
On August 12, 2020, the US Securities and Exchange Commission (SEC) Office of...more