Politics, Legal & Regulation

Policy and regulations impacting innovations in Finance.

US Judge Says Federal Reserve Does Not Have to Provide Custodia Bank with Master Account

According to a ruling by a judge this past Friday (March 29, 2024), the US Federal Reserve will not be required to provide Wyoming-based digital asset bank Custodia access to a master account. Federal Reserve Banks are able to determine if they should issue master… Read More

Bank of England and FCA to Lead Transformation Program with Improved Data Collection from UK Financial Sector

The Bank of England and FCA are leading a joint transformation program with industry to transform data collection from the UK financial sector. They published a future strategy for “achieving this, encompassing the regulator’s response to industry’s recommendations.” The Bank of England and the Financial… Read More

MAS Extends Suspension of Remittances to China via Channels Not Specifically Permitted

The Monetary Authority of Singapore (MAS) recently issued a Notice to extend, for a further six months until 30 September 2024, the suspension of the use of channels that are not specifically permitted (non-specified channels by remittance companies “when transmitting money to persons in the… Read More

CFTC Commissioner Caroline Pham Claims Regulatory Agency Could Be Infringing on the SEC’s Authority in KuCoin Case

Caroline Pham from the Commodity Futures Trading Commission (CFTC) has been critical of the actions of her own regulatory agency, noting that the CFTC could be interfering on its partner agency in the recent charges it made against digital currency exchange KuCoin this past week…. Read More

European Digital Identity (eID): Council Adopts Legal Framework on an Online Wallet for Europeans

To ensure a “trusted” and secure digital identity for all Europeans, the European Council adopted a new framework for a European digital identity (eID). Mathieu Michel, Belgian Secretary of State for digitization, administrative simplification, privacy protection and the building regulation: The adoption of the European… Read More

Binance Joins Global Travel Rule Alliance to Enhance Interoperable Compliance and Security

Making crypto compliant with existing regulatory frameworks and interoperable with traditional legal and financial systems is “an enormous yet hugely worthwhile task,” according to Binance, which remans the world’s largest crypto exchange in terms of trading volume and overall scope of operations. This, despite having… Read More

The SEC is Looking for People to Join its Investor Advisory Committee (IAC)

The Securities and Exchange Commission (SEC) is looking for new members to add to its Investor Advisory Committee (IAC). Currently, they have five openinings on the Committee that aims to provide guidance to the Commission on items that impact individual investors. The Dodd-Frank Wall Street… Read More

France: AMF Issues Updated Warning Against Firms Offering Potentially Fraudulent Investments Without Authorization

The AMF is warning the public against several companies proposing “atypical” investments without being authorized to do so The Autorité des Marchés Financiers regularly updates its black lists of new websites and entities “proposing atypical investments to investors in France without being authorized to do… Read More

Private International Law Issues Relating to Digital Tokens Examined in Extensive Research Study

The new HCCH Project focused on an extensive study of digital tokens. After the conclusion and decision at its 2024 meeting by the governing body of the HCCH, the Council on General Affairs and Policy (CGAP), the Permanent Bureau has recently begun its work that… Read More

Terraform Labs Loses Mistrial Bid, US Civil Trial Begins

Manhattan US District Court Judge Jed S. Rakoff has given a major blow to Terraform Labs and its founder Do Kwon. Recently, Judge Rakoff dismissed a mistrial bid that was reportedly related to disclosures regarding the Terraform’s alleged deception. The notable decision was announced during… Read More

National Association of Industrial Bankers, American Financial Services Association and American Fintech Council sue State of Colorado over interest rate law

The National Association of Industrial Bankers (NAIB), the American Financial Services Association (AFSA) and the American Fintech Council (AFC) filed a lawsuit in federal court this week, challenging a new Colorado statute they claim violates federal law by imposing interest-rate and fee caps on loans… Read More

UK’s HM Treasury May Update AML and CFT Framework, New Rules Could Apply to NFTs

The UK’s HM Treasury is reportedly considering or looking into possibly making changes to its existing Anti-Money Laundering and Counter-Terrorist Financing (AMLCFT) framework. This may potentially mean that service providers of non-fungible token (NFT) trading platforms could get added within the applicable regulatory framework. At… Read More

Internet Investment Advisors Now Required to Register with the SEC

The Securities and Exchange Commission (SEC) has amended existing rules to require internet investment advisers to register with the Commission. According to the SEC’s Fact Sheet, the amendments will: Require an adviser that relies upon the internet adviser exemption to provide investment advice to all… Read More

US Judge Says Coinbase Will Have to Face SEC’s Lawsuit

Digital asset firm Coinbase (NASDAQ:COIN) will have to face the Securities and Exchange Commmission’s (SEC) lawsuit, a Judge has recently ruled. A federal judge in Manhattan on Wednesday (March 27, 2024) stated that the US SEC’s lawsuit against Coinbase may proceed. However, the presiding judge… Read More

FTX Founder Sam Bankman-Fried Sentenced to 25 Years in Prison

Sam Bankman-Fried, the founder and former CEO of FTX, once a top crypto exchange, has been sentenced to 25 years in prison. The maximum sentence was 110 years. Bankman-Fried was found guilty of seven counts of fraud and conspiracy in a criminal lawsuit that rocked… Read More

Fintech Wise Comments on CFPBs Pursuit of Junk Fees Pertaining to Global Transfers: Price Transparency Counts

Yesterday, CI reported on a new circular issued by the US Consumer Financial Protection Bureau (CFPB) warning international transfer firms to stop adding “junk fees” to the transfers and demanding greater transparency in the process. Misinformation in the industry is frequent, and some providers abuse… Read More

CFPB Targets Global Money Transfers and “Junk Fees”

The Consumer Financial Protection Bureau (CFPB) is now targeting international money transfers and “junk fees” that may be saddled upon users. The CFPB issued a warning to firms that provide these services regarding allegations of false claims and misinformation about the cost of transfers and… Read More

UK FCA Cautions “Finfluencers” : Keep Social Media Promotions Legal

The UK Financial Conduct Authority (FCA) has issued a warning to “Finfluencers” individuals who use social media to promote financial services. While influencers may be a popular source of information, few of these individuals actually have any notable experience within the financial services industry. Yet… Read More

House Financial Services and Agriculture Committees Demands the SEC Clarify Treatment of Ether (ETH). Is it a Security?

Republicans on the House Financial Services Committee and the House Committee on Agriculture are demanding that the Securities and Exchange Commission (SEC) clarify whether Ether (ETH—Ethereum) is a security or something else. In recent years, the SEC has publicly stated ETH is not a security…. Read More

Turf War? CFTC Describes Several Digital Assets as Commodities, Not as Securities in Case Against KuCoin

Earlier today, the Commodity Futures Trading Commission (CFTC) revealed an enforcement action against KuCoin, one of the largest crypto exchanges in the world. While KuCoin is based outside the US and apparently does not provide services to US users, the CFTC claims that the technology… Read More

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