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SEC Releases Guidance Jeopardizing the Viability of Certain Pre-IPO Liquidity Products

Takeaways: •‘Forward Contracts’ on securities that (1) cannot be legally transferred, or (2) are subject to transfer restrictions at the time of contract, may now be considered ‘security-based swaps’ and subject to the...more

A ‘Token’ Gift: The US SEC Giveth And Taketh Away

While we would be remiss not to laud the SEC’s statement as a step in the right direction, the shortcomings are inescapable. On Dec. 23, 2020, the SEC published a statement proposing a framework for broker-dealers to...more

SEC Proposes Conditional Broker Exemption For Finders

What You Need To Know: •The SEC proposes to exempt two types of Finders from broker-dealer registration pursuant if they satisfy certain conditions. •Tier I Finders may provide potential investors’ contact information to...more

FINRA: An Unnecessary, Unqualified Digital Asset Regulator

The Financial Industry Regulatory Authority’s new request for digital assets activities adds more confusion to the regulatory environment. The United States Financial Industry Regulatory Authority, or FINRA, has once again...more

Could Compound’s Governance Token COMP Be Deemed A Security?

Examining COMP’s ability to pass the Howey test for being qualified as investment contracts and to be considered a security. Innovation springs eternal in the digital asset ecosystem, and with Compound’s launch of its...more

Form CRS Drafting Guide and Template

What You Need To Know; • The Form CRS must be filed with the SEC by June 30, 2020, at the latest. • All investment advisers, broker-dealers, or dual registrants that service retail investors may now file the Form CRS with the...more

SEC and FINRA Provide Reg. BI and Form CRS Guidance as the Implementation Date Approaches

What You Need To Know: -The implementation date for Reg. BI and Form CRS remains June 30, 2020. -The SEC’s initial compliance review will be focused on “good-faith efforts.” Firms should make good faith efforts to implement...more

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