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
The relief removes regulatory obstacles and provides additional flexibility for market participants.
On August 31, 2020, three divisions of the US Commodity Futures Trading Commission (CFTC) issued revised no-action...more
In anticipation of LIBOR discontinuation, key US and UK regulators signal a shift toward examining transition progress.
After an initial phase of applying mostly verbal pressure, UK and US regulators are now taking a more...more
The OCC greenlights bank custody of cryptoassets, opening a significant door to mainstream adoption and innovation.
On July 22, 2020, the US Office of the Comptroller of the Currency (OCC) issued Interpretive Letter #1170...more
The long-awaited guidance clarifies the application of the “actual delivery” exception to leveraged virtual currency transactions with retail purchasers.
Earlier this year, the US Commodity Futures Trading Commission...more
In anticipation of LIBOR discontinuation, the SEC will begin examining transition progress.
Nearly a year after the US Securities and Exchange Commission’s (SEC’s) release of a Staff Statement on LIBOR Transition, the...more
The report encourages the G20 to consider a broad set of supervisory principles when evaluating global stablecoin arrangements.
On April 14, 2020, the G20’s Financial Stability Board (FSB) published a consultation on the...more
In the face of pandemic-related disruptions, CFTC staff have relieved exchanges, dealers, intermediaries, and other market participants from certain compliance requirements.
Last week, the US Commodity Futures Trading...more
The self-regulatory organization responds to the US derivatives market’s shift to remote working arrangements.
As the novel coronavirus outbreak (COVID-19) continues to spread across the globe, causing various disruptions,...more
Product innovation (including in pooled investment vehicles) is encouraged, but innovation must be consistent with the law.
The US Commodity Futures Trading Commission’s (CFTC’s) Division of Swap Dealer and Intermediary...more
3/5/2020
/ CFTC ,
Commodity Exchange Act (CEA) ,
CPOs ,
Derivatives ,
Digital Assets ,
Disclosure Requirements ,
DSIO ,
Enforcement Actions ,
Futures ,
National Futures Association ,
Pooled Investment Vehicles ,
Regulatory Violations
The landmark authorization signals the Mexican government will likely grant similar licenses to more FinTech companies in the coming months.
Nearly two years after the Mexican government enacted its Financial Technology...more
While not unlimited, the relief is welcome for counterparties seeking to transition to risk-free rates for legacy swaps.
The US Commodity Futures Trading Commission (CFTC) has issued no-action relief to help market...more
1/24/2020
/ CFTC ,
Derivatives ,
DMO ,
DSIO ,
Inter-Bank Offered Rates (IBORs) ,
Libor ,
Market Participants ,
No-Action Relief ,
SEFs ,
Swap Clearing ,
Swap Dealers ,
Swaps
The US derivatives regulator continues to foster FinTech adoption and leadership in US markets.
The US Commodity Futures Trading Commission (CFTC) has affirmed its commitment to engaging the fast-moving financial...more
US regulators are calling attention to financial firms’ obligations to protect against evolving cybersecurity threats.
On October 2, 2019, the Financial Industry Regulatory Authority (FINRA) issued an information notice to...more
11/26/2019
/ Business E-Mail Compromise (BEC) ,
CFTC ,
Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Data Protection ,
Data Security ,
Enforcement Actions ,
Financial Industry Regulatory Authority (FINRA) ,
Information Systems Security Program (ISSP) ,
National Futures Association ,
New Guidance
Developing a framework for consumer tokens -
With the rapid growth in the development of blockchain technology, virtual currencies and token sales (sometimes referred to as initial coin offerings, or ICOs), token...more
11/13/2019
/ Blockchain ,
CFTC ,
Commodities ,
Compliance ,
Cryptocurrency ,
Derivatives ,
Digital Assets ,
Enforcement Actions ,
Futures ,
Howey ,
Initial Coin Offering (ICOs) ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Swaps ,
Token Sales
The global shift away from LIBOR presents a complex, time-sensitive, multifaceted set of challenges and tasks for the investment management industry.
In a statement published on July 12, 2019, the US Securities and...more
EMIR REFIT came into force on 17 June 2019, helping to level the playing field between the EU and the US.
Key Points:
..Alternative investment funds will bear the brunt of the changes as EMIR REFIT closes an exemption...more
Latham & Watkins has collaborated with ConsenSys to launch the Automated Convertible Note to help startups raise capital using a traditional financing instrument with an eye toward a future distribution of tokens.
In...more
5/28/2019
/ Capital Raising ,
CFTC ,
Commodities ,
Commodity Exchange Act (CEA) ,
Convertible Notes ,
Financial Instruments ,
Most-Favored Nations ,
Securities ,
Securities Exchange Act ,
Startups ,
Token Sales
The NFA has implemented requirements that all swap associated persons take and pass a swap proficiency examination by January 31, 2021.
Key Points:
..As of January 31, 2021, all swap associated persons will need to take...more
The CFTC’s proposal would largely codify existing exemptive, interpretive, and no-action relief in response to Project KISS market feedback.
The US Commodity Futures Trading Commission (CFTC) has proposed amendments to its...more
The NFA will soon require CPO, CTA, FCM, and IB member firms to provide various disclosures warning investors of virtual currency spot and derivatives trading risks.
New disclosure requirements warning customers,...more
Developing a framework for consumer tokens -
With the rapid growth in the development of blockchain technology, virtual currencies and token sales (sometimes referred to as initial coin offerings, or ICOs) in 2017 and...more
9/19/2018
/ Bitcoin ,
Blockchain ,
CFTC ,
Commodities ,
Cryptocurrency ,
Currency Control ,
Initial Coin Offering (ICOs) ,
Popular ,
Securities ,
Securities and Exchange Commission (SEC) ,
Token Sales ,
Tokenization ,
Virtual Currency
Best execution is currently a hot topic for global regulators and the past year has seen notable regulatory focus in this area. Amid this development, firms are recommended to review their global best execution compliance...more
How should broker-dealers, investment advisers, and other registered firms in the US, UK, and Hong Kong address cryptocurrencies in their compliance programs?
Originally published on bloombergbna.com on April 16,...more
Summary of private equity firms’ compliance obligations, discussion of notable developments in 2017, and outlook for 2018.
US federal laws and regulations, as well as the rules of self-regulatory organizations (SROs),...more