News & Analysis as of

Cryptoassets Retail Investors

A&O Shearman

UK FCA announces retail access to crypto ETNs

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The UK Financial Conduct Authority (FCA) has announced that effective from 8 October, retail consumers will be permitted to access crypto exchange traded notes (cETNs), marking a significant shift...more

Katten Muchin Rosenman LLP

FCA Opens UK Retail Access to Crypto Exchange Traded Notes

On 1 August 2025, the Financial Conduct Authority (FCA) issued a press release (the Press Release) announcing that UK retail consumers will soon be able to access crypto exchange traded notes (cETNs) admitted to trading on UK...more

Latham & Watkins LLP

SEC Staff Clarifies That Meme Coins Are Not Securities

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The Staff stated that most meme coins are not subject to federal securities laws or SEC fraud enforcement; who will oversee meme coins remains an open question. On February 27, 2025, the Securities and Exchange...more

WilmerHale

SEC Announces New “Cyber and Emerging Technologies Unit” and Signals Return to First Trump Administration Fraud- and...

WilmerHale on

On February 20, 2025, the Securities and Exchange Commission (SEC) announced the creation of a new specialized unit, the Cyber and Emerging Technologies Unit, to “focus on combatting cyber-related misconduct and to protect...more

Latham & Watkins LLP

SEC Launches Cyber and Emerging Technologies Unit Aimed at Safeguarding Investors

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The new unit aims to protect retail investors and foster innovation by addressing cyber-related misconduct and emerging technology fraud....more

BCLP

SEC Enforcement Tea Leaves: Expected Priorities in the Second Trump Administration

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How will President-elect Trump’s reelection impact the SEC’s enforcement priorities? We looked for clues from the first Trump Administration’s Enforcement program, and also from the agency’s current Republican Commissioners....more

A&O Shearman

International Organization of Securities Commissions Publishes Roadmap to Enhance Retail Investor Online Safety

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The International Organization of Securities Commissions has launched a new roadmap for retail investor online safety. The strategic initiative aims to safeguard retail investors worldwide from fraud, excessive risk, and...more

Seward & Kissel LLP

SEC Crypto Enforcement: Past and Future Tense

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There are some in the crypto community who—frustrated with the enforcement first approach of (outgoing) SEC Chair Gary S. Gensler—invested heavily to elect Donald J. Trump the 47th President of the United States. Was that a...more

Walkers

Global Legal Insights FinTech 2024: Ireland chapter

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The Irish government has been supportive of the development of the financial services sector in Ireland and this extends to fintech. The government’s strategy for the development of Ireland’s international financial services...more

Proskauer Rose LLP

Regulation Round Up - May 2024

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Key developments in May 2024: ESG: The Financial Conduct Authority (“FCA”) updated its webpage on the sustainability disclosure requirements (“SDR”) and investments labelling regime. Among other things, the webpage has been...more

Hogan Lovells

The CNMV unveils action plan for 2024

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The National Securities Market Commission (the "CNMV") has unveiled its Action Plan for 2024. Key highlights include a focus on sustainability monitoring to avoid “greenwashing”, preparation to carry out the new crypto-asset...more

WilmerHale

FINRA’s 2024 Annual Regulatory Oversight Report: What Broker-Dealers Need to Know

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On January 9, 2024, the Financial Industry Regulatory Authority published its 2024 FINRA Annual Regulatory Oversight Report. Previously titled Report on FINRA’s Examination and Risk Monitoring Program, the Report is released...more

Latham & Watkins LLP

Hong Kong Regulators Update Guidance for Intermediaries’ Virtual Asset-related Activities

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Revamped SFC and HKMA guidance applies to intermediaries that distribute products or provide dealing, advisory, and asset management services related to virtual assets. On 20 October 2023, the Hong Kong Monetary...more

Barnea Jaffa Lande & Co.

Crypto as a Security – Applying the Howey Test

A US court recently handed down a landmark ruling addressing the question of whether the crypto token XRP falls under the definition of “security”. The US court ruled that the same crypto token may be classified differently...more

Bilzin Sumberg

SEC’s Regulatory Authority over Crypto Assets Questioned

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The regulatory authority of the U.S. Securities and Exchange Commission (“SEC”) over the cryptocurrency industry has recently been challenged on a couple of fronts. One involves a lawsuit filed by the SEC against a Utah-based...more

Snell & Wilmer

SEC Division of Examinations Priorities for 2023

Snell & Wilmer on

On February 7, 2023, the Division of Examinations (the Division) of the U.S. Securities and Exchange Commission (the SEC) issued its annual examination priorities.1 Consistent with its 2022 examination priorities and the...more

Bradley Arant Boult Cummings LLP

SEC Division of Examinations Announces 2023 Examination Priorities

The SEC’s Division of Examinations last week announced its 2023 “examination priorities.” The division’s annual announcement of priorities provides valuable insight into the categories of registrants most likely to be the...more

Orrick, Herrington & Sutcliffe LLP

SEC charges companies for offering and selling unregistered crypto asset securities

On January 12, the SEC filed a complaint in the U.S. District Court for the Southern District of New York against two companies (collectively, defendants), alleging that they were involved in the unregistered offer and sale...more

Eversheds Sutherland (US) LLP

New FINRA sweep targets crypto marketing

As might be expected, FINRA appears to be aligning itself with the SEC in its assertion of jurisdiction over investments that may not, at the end of the day, be deemed securities. ...more

Amundsen Davis LLC

What the SEC’s New Strategic Plan Means for the Financial Industry and Investors

Amundsen Davis LLC on

On August 24, the Securities and Exchange Commission (SEC) released a draft of its strategic plan for 2022 – 2026, outlining its key initiatives for the next four years. The SEC’s mission is to protect investors, maintain...more

Proskauer - The Capital Commitment

SEC Division of Examinations Announces 2022 Examination Priorities

On March 30, 2022, the Division of Examinations (the “Division”) of the U.S. Securities and Exchange Commission (the “SEC”) announced its examination priorities for fiscal year 2022. The annual publication of the Division’s...more

Faegre Drinker Biddle & Reath LLP

SEC Examinations 2022 Priorities: Reg BI, ESG, Private Funds, Information Security & Operational Resiliency, and Crypto

The SEC Division of Examinations recently released its 2022 Division of Examinations “Priorities.” The 2022 Priorities provide critical insight into what the Division of Examinations (the “Division”) considers the most...more

Cadwalader, Wickersham & Taft LLP

The European Supervisory Authorities' Warning on the Risks of Cryptoassets

On March 17, 2022, the European Banking Authority, the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority (together, the European Supervisory Authorities or “ESAs”)...more

Orrick - Finance 20/20

FCA Sets Out New Proposals to Restrict High-Risk Financial Promotions

Orrick - Finance 20/20 on

On 19 January, 2022, the FCA published its consultation on strengthening its financial promotion rules for high-risk investments, including cryptoassets (CP22/2). The consultation proposes some fairly onerous requirements and...more

BCLP

FCA bans sale of cryptoasset investment products to retail customers

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Since July 2019, the UK Financial Conduct Authority (“FCA”) has been consulting on proposals to bring the promotion of certain types of cryptoassets within the scope of financial promotions regulation. One of the more...more

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