Tagged: regulation

As Originally Drafted, Reg A+ and Reg CF Got it Wrong: SEC Commissioner Peirce

Last week during the meeting of the SEC Small Business Capital Formation Advisory Committee (SBCFAC), members voted to support improvements to secondary trading of crowdfunded securities – more specifically, to exempt state laws when it comes to the trading of securities under Tier 2 of… Read More

FCA Tightens Rule on Promotion of Investment Opportunities but Not Crypto (Yet)

The UK Financial Conduct Authority (FCA) has issued stronger rules in regards to promoting what is deemed to be high risk investments. As anticipated, the FCA expects firms to use “clearer” and “more prominent risk warnings.” The tactic of offering a refer a friend bonus… Read More

CEI Report: Stablecoins Need to be Private to Succeed

The Competitive Enterprise Institute (CEI), a non-profit DC think tank that advocates on behalf of free markets, has published a paper on stablecoins as well as central bank digital currencies. While CBDCs are state-managed digital currencies, perhaps utilizing blockchain technology, stablecoins are issued and managed… Read More

FCA Discusses the Future of Regulation, Key will be working with US Regulators

In a speech delivered early today by the Financial Conduct Authority Chief Executive Nikhil Ratha, the top UK regulator addressed the future of regulation. Of course, the digitization of financial services, including crypto assets was in the mix. Ratha noted that the FCA has invested… Read More

Fed Vice Chair Addresses Crypto Markets: Does Not Yet Pose a Systemic Risk but Needs Regulation

Federal Reserve Vice Chair Lael Brainard delivered a speech today for the Bank of England. The topic of discussion was crypto-assets and financial stability, currently a hot subject. Recently, digital asset markets have floundered causing several firms to cease operations. Tanking valuations have raised fears… Read More

Europe: Pilot on Tokenization and Digital Securities Regulation Released by EU Parliament

The European Parliament has posted regulations pertaining to tokenization and digital securities leveraging blockchain or distributed ledger technology. The DLT pilot plan aims to enable innovators to advance their platforms while providing a safe environment for users. To quote the document: It is important to… Read More

SEC Chairman Gary Gensler Re-Affirms His View that Most All Digital Assets are Securities

“Most crypto tokens are investment contracts under the Supreme Court’s Howey Test.” SEC Chairman Gary Gensler is not wavering from his view that most all crypto assets are securities. Gensler has consistently voiced this belief queueing up expectations for a growing number of enforcement actions… Read More

Perspective: Congressman Tom Emmer Advocates on Behalf of Crypto Innovators as the SEC Stifles Innovation

Congressman Tom Emmer distributed a series of Tweets this past week that is emblematic of the frustration pertaining to the digital asset industry and a recalcitrant Securities and Exchange Commission when it comes to fostering a productive regulatory environment. Included in the Tweets, the Congressman… Read More

New ESMA Guidelines on European Crowdfunding Could Have Cooling Effect on Sector

Earlier this week, the European Securities and Markets Authority (ESMA) published an updated Q&A on the pan-European crowdfunding rules. Updated rules, called European Crowdfunding Service Providers Regulation (ECSPR), became actionable last November but questions remain and European member states are still sorting things out. To help… Read More

Biden Administration Planning Crypto Regulation Proposal

The Biden administration is planning to roll out a proposal for crypto regulation as soon as next month, according to reports. The White House’s policy push is expected to be accompanied by legislative proposals emerging from Congress as the Executive and Legislative branches work to… Read More

Lenders Beware: 2022 Could See Increased Enforcement Activity

2022 could see aggressive movement by some federal agencies, an experienced industry hand suggests. Joseph Lynyak III is a partner at the international law firm Dorsey & Whitney and one of the nation’s foremost experts in the country on the Consumer Financial Protection Bureau (CFPB),… Read More

Former SEC Chairman Jay Clayton Says He is Huge Believer in Blockchain Technology

Former Securities and Exchange Commission Chairman Jay Clayton visited with CNBC yesterday to discuss meme stocks but he also had the opportunity to share his opinion on crypto. During the show, Clayton professed that he has, “long believed that the rules in that area are… Read More

Harmonized European Crowdfunding Rules Go Into Effect

Harmonized European crowdfunding laws commence today (November 10, 2021). After years of engagement by industry leaders, largely due to the efforts of EuroCrowd, issuers may now utilize investment platforms to sell securities across all EU member states. The European Crowdfunding Service Providers Regulation (ECSPR) rules… Read More

Deputy Secretary of the Treasury Wally Adeyemo Outlines Risks and Concerns Regarding Cryptocurrency

Deputy Secretary of the Treasury Wally Adeyemo delivered a presentation today at the LINKS Conference by Chainalysis. Adeyemo outlined the risk and concerns that policymakers have when dealing with the burgeoning digital asset or cryptocurrency markets. While voicing his opinion on these risks, Adeyemo did… Read More

Comptroller of the Currency Michael Hsu Says Regulation is Too Fragmented When it Comes to Fintech, Crypto Firms

Acting Comptroller of the Currency Michael Hsu delivered a compelling speech today during a presentation at the American Fintech Council, Fintech Policy Summit. The AFC largely represents digital and neo-banks as well as non-bank lenders. Hsu recently spoke at a Blockchain Association event where he… Read More

SEC Chairman Gensler Grilled by Republicans on Senate Banking Committee, Ranking Member Toomey Supports Regulatory Clarity for Crypto

SEC Chairman Gary Gensler marched up to Capitol Hill yesterday to testify in front of the Senate Banking Committee in a hearing entitled “Oversight of the U.S. Securities and Exchange Commission”.  Gensler outlined his ambitions at the SEC in his prepared remarks. While Gensler received… Read More

FCA Chair Discusses Crypto Scams, Digital Asset Regulation

In a speech delivered at the Cambridge International Symposium on Economic Crime, FCA and PSR Chair Charles Randall discussed some hot topics in the financial services sector – fraud and scams. More specifically, crypto scams and the regulation of digital assets or tokens. Currently, the… Read More

UK Crowdfunding Association Comments on FCA Dear CEO Letter Sent to Platforms

Two weeks ago, the UK Financial Conduct Authority posted a “Dear CEO” letter directed at investment crowdfunding platforms. The letter, signed by Debbie Gupta, Director of Consumer Investments Supervision, cautioned platforms on both the risk of investments being offered to investors as well as the… Read More

Fintech & Blockchain Attorney Daniel Payne Comments on Looming SEC Enforcement Actions Targeting Digital Asset Sector

The enforcement drums are pounding at the Securities and Exchange Commission (SEC) when it comes to digital assets. At the top of the list are trading platforms that may be skirting established securities laws, especially when the Commission believes they are enabling the buying and… Read More

Gensler’s Crypto Stance No Surprise: Industry Watcher

Securities and Exchange Commission Chair Gary Gensler’s plan to be the new sheriff policing the Wild West of Crypto comes as no surprise to one industry watcher. Earlier this week Gensler announced that he plans on cracking down on cryptocurrency-related fraud and sought more assistance… Read More