News & Analysis as of

Cryptocurrency Risk Management Financial Services Industry

A&O Shearman

ESMA publishes final guidelines under MiCAR for CASP staff providing crypto-asset information

A&O Shearman on

The European Securities and Markets Authority (ESMA) has published its final guidelines under the Markets in Crypto-Assets Regulation (MiCAR) specifying the criteria for assessing the knowledge and competence of staff at...more

A&O Shearman

ESMA peer review report issuing CASP oversight recommendations under MiCAR

A&O Shearman on

The European Securities and Markets Authority (ESMA) has published a peer review report assessing the authorisation and supervision of a crypto-asset service providers (CASPs) under the Markets in Crypto-Assets Regulation...more

Hogan Lovells

MICA CASP authorisations: ESMA recommendations in peer review report

Hogan Lovells on

On 10 July 2025, the European Securities and Markets Authority (“ESMA”) published an executive summary of a peer review report regarding the authorisation and supervision of a crypto-asset service provider by the Malta...more

Jones Day

Banking on Crypto: Regulators Clarify Rules for Digital Asset Safekeeping

Jones Day on

Federal banking regulators continue to promote a more "crypto-positive" regulatory environment through recent joint guidance issued to clarify risk management and compliance expectations for banks providing crypto-asset...more

Thomas Fox - Compliance Evangelist

#Risk New York Speaker Series – Bridging the Gap: Effective Risk Communication in Compliance with Rob Clark, Jr.

Join Tom Fox and hundreds of other GRC professionals in the city that never sleeps, New York City, on July 9 & 10 for one of the top conferences around, #Risk New York. The current US landscape, shaped by evolving policies,...more

American Conference Institute (ACI)

[Event] 24th Annual Canadian Forum on Anti-Money Laundering and Financial Crime - June 25th - 26th, Toronto, ON, Canada

Canada’s financial sector is facing unprecedented scrutiny, rising enforcement, and evolving compliance risks – are you ready? Join top regulators and industry leaders at CI's 24th Annual Canadian Forum on Anti-Money...more

K&L Gates LLP

New Office of Financial Sanctions Implementation Financial Services Threat Assessment

K&L Gates LLP on

On 13 February 2025, the Office of Financial Sanctions Implementation (OFSI) published its assessment of suspected sanctions breaches involving financial services firms since February 2022 (the Assessment). The Assessment...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Advisors aren’t sold on Bitcoin

On whether to recommend Bitcoin and other digital assets for clients, financial advisers are wary about their fiduciary duty to clients, according to a CoinShares survey....more

A&O Shearman

MiCAR under the microscope - Part 7: Prudential and capital requirements for issuers of ARTs and CASPs

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In this edition of our "MiCAR under the microscope" series, we examine the prudential requirements, with a specific focus on the capital requirements that are applicable to issuers of ARTs and EMTS and CASPs under Regulation...more

Walkers

Enhanced Cayman Islands licensing framework for virtual asset custody providers and trading platform operators takes effect from 1...

Walkers on

With effect from 1 April 2025, the licensing regime under the VASP Act will be implemented, requiring those providing virtual asset custody services or operating virtual asset trading platforms to obtain a licence under the...more

Sheppard Mullin Richter & Hampton LLP

OCC Clarifies Banks’ Role in Cryptocurrency Activities

On March 7, the OCC issued Interpretive Letter 1183 and an accompanying statement affirming prior guidance regarding whether national banks and federal savings associations may engage in cryptocurrency-related activities,...more

A&O Shearman

ESAs publish guidelines on the standardised test for crypto-assets and templates for explanations and opinions under MiCAR

A&O Shearman on

The European Supervisory Authorities (ESAs) have published guidelines on: (i) a common approach for the regulatory classification of crypto-assets under the Markets in Crypto-asset Regulation (MiCAR); and (ii) templates for...more

Troutman Pepper Locke

OCC Clarifies Bank Authority to Engage in Certain Cryptocurrency Activities

Troutman Pepper Locke on

On March 7, the Office of the Comptroller of the Currency (OCC) issued a significant update regarding the involvement of national banks and federal savings associations in cryptocurrency activities. Interpretive Letter 1183...more

A&O Shearman

EC adopts Delegated Regulations on RTS under MiCAR

A&O Shearman on

The European Commission has adopted a number of Commission Delegated Regulations supplementing the Markets in Crypto-Assets Regulation (MiCAR): - Commission Delegated Regulation (C(2025)1206) adopted in accordance with...more

Miller Nash LLP

Article 12: Perfection of Security Interests in Controllable Electronic Records

Miller Nash LLP on

It is well established how to perfect a security interest on general intangibles under Article 9 of the Uniform Commercial Code: filing a financing statement. But is there a better way for a secured party who wants to stay in...more

Constangy, Brooks, Smith & Prophete, LLP

Cryptocurrency hacks and thefts: Insecure exchanges?

Cryptocurrency exchanges continue to be a target of hackers – and theft is the prize. On February 21, the cryptocurrency exchange Bybit reported that an Ethereum transaction was transferred to an unidentified address,...more

Hogan Lovells

Depositaries and capital management companies: Responsibilities in the Crypto Era

Hogan Lovells on

On 25 February 2025, the German Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht – BaFin) published a consultation paper outlining a circular that addresses the responsibilities of...more

Walkers

Multisig Purpose Trusts

Walkers on

In a remarkable evolution from its origins as a mere memecoin, Shiba Inu - now the 18th-largest cryptocurrency by market capitalisation, valued at an impressive US $8.8 billion - is on the cusp of a bold new chapter: the...more

Stikeman Elliott LLP

OSC Reviews Restricted Dealer Crypto Asset Trading Platforms

Stikeman Elliott LLP on

The Ontario Securities Commission (“OSC”) completed a focused compliance review of the know-your-client (“KYC”), account appropriateness assessment and Client Limit (as defined below) practices of crypto asset trading...more

Orrick, Herrington & Sutcliffe LLP

Congressional Research Service report highlights de-banking risks

On January 29, the Congressional Research Service (CRS) released a report on the challenges banks may face in providing services to certain individuals and businesses. The CRS’s report was based on the perception that an...more

Orrick, Herrington & Sutcliffe LLP

NYDFS warns against risks of sentiment-based cryptoassets

Recently, NYDFS published an industry letter to “all virtual currency business entities licensed under 23 NYCRR Part 200 or chartered as limited purpose trust companies under the New York Banking Law,” disclosing that it is...more

Cadwalader, Wickersham & Taft LLP

SEC Rescinds Crypto Interpretive Guidance That Has Hamstrung Industry

Effective January 30, the Securities & Exchange Commission ("SEC") rescinded the Staff Accounting Bulleting ("SAB") that has made engaging in crypto-related activities so perilous over the last couple of years, SAB-121,...more

A&O Shearman

UK Financial Policy Committee response to HM Treasury November 2024 letter on remit and recommendations

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HM Treasury has published a letter (dated 18 December 2024) from Andrew Bailey, Bank of England Governor, in his role as Chair of the Financial Policy Committee. In the letter, Mr Bailey sets out the response of the FPC to...more

Fenwick & West LLP

The Rise (and Risks) of AI Agents in Crypto

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As artificial intelligence continues to transform multiple industries, AI agents have emerged as one of the most promising—and compelling—applications of AI in the crypto space. From automated trading bots, to token-powered...more

Cornerstone Research

Securities Class Action Filings Increase for Second Consecutive Year in 2024

Cornerstone Research on

AI-related filings more than double and 1933 Act filings continue to decline. The number of securities class action filings increased for the second consecutive year in 2024, with artificial intelligence (AI)-related...more

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