Politics, Legal & Regulation

January 31, 2023 @ 6:03 pm By JD Alois  |  

“The business model Celsius advertised and sold to its customers was not the business that Celsius actually operated.” – Court Document, Filed January 31, 2023 Celsius, one of the first big crypto firms to fail and file for bankruptcy protection, continues to meander its way… Read More

January 31, 2023 @ 12:36 pm By JD Alois  |  

The Securities and Exchange Commission (SEC), Small Business Capital Formation Advisory Committee (SBCFAC), has posted its agenda for its next meeting. The Committee was created by law to advise the Commission on issues, including rules and regulations that impact small businesses, providing valuable feedback as… Read More

January 30, 2023 @ 9:06 pm By JD Alois  |  

The Expanding Access to Capital for Rural Job Creators Act, (HR 298) has passed the House of Representatives. The legislation has both Democrat and Republican sponsors. The legislation would require the Securities and Exchange Commission (SEC) to submit an annual report on the challenges rural… Read More

January 30, 2023 @ 6:04 pm By JD Alois  |  

The Securities and Exchange Commission (SEC), Small Business Capital Formation Advisory Committee (SBCFAC), has scheduled its first meeting of 2023. The meeting, set for February 7, 2023, at 10 AM, does not yet have a posted agenda with the notice indicating that the “meeting includes… Read More

January 29, 2023 @ 6:47 pm By JD Alois  |  

On Friday, the White House posted a statement on crypto and the administration’s policy pertaining to digital asset innovation. In recent months, multiple crypto firms have filed for bankruptcy and an algorithmic stablecoin, TerraUSD, ended up not being very stable – destroying holder value. Earlier… Read More

January 28, 2023 @ 3:59 pm By JD Alois  |  

On the same day the US Federal Reserve Board issued a new policy statement on banks engaging in crypto activity, several White House advisors posted a note on the “Administration’s Roadmap to Mitigate Cryptocurrencies’ Risks. The post pointed at the “tough year” for crypto, referencing… Read More

January 28, 2023 @ 3:30 pm By JD Alois  |  

The legal frameworks applicable to national banks, insured state banks, and uninsured state banks can result in differences in the scope of allowed activities depending on the type of entity, according to the US Federal Reserve. Regardless of this discrepancy, the Fed will be certain… Read More

January 28, 2023 @ 9:11 am By Omar Faridi  |  

The Federal Reserve Board announced its denial of the application by Custodia Bank, Inc., Cheyenne, Wyoming, “to become a member of the Federal Reserve System.” The Board has concluded that the firm’s application “as submitted is inconsistent with the required factors under the law.” Custodia… Read More

January 27, 2023 @ 11:40 am By JD Alois  |  

  Congressman Patrick McHenry, the Chairman of the powerful House Financial Services Committee, has announced the Committee staff for the 118th Congress. McHenry recently posted his newly formed subcommittees as well as each subcommittee Chair. The Congressman aims to shift the direction of legislation emanating… Read More

January 27, 2023 @ 8:08 am By Omar Faridi  |  

US securities regulators are looking into the operations of investment advisers over crypto-asset custody. The US Securities and Exchange Commission (SEC) is examining the activities of registered investment advisers over whether they’re following applicable guidelines around custody of customer digital assets. This, according to sources… Read More

January 26, 2023 @ 3:22 pm By JD Alois  |  

The UK government created the Future Fund to provide access to capital to early-stage firms which were most likely unable to access debt capital during the COVID-19 health crisis. The fear was that a generation of innovative young firms would disappear as markets contracted and… Read More

January 26, 2023 @ 1:05 pm By JD Alois  |  

Earlier this month, the House Financial Services Committee announced the chairs of each subcommittee. New to the mix is the Subcommittee on Digital Assets, Financial Technology, and Inclusion.  Committee Chairman Patrick McHenry selected French Hill of Arkansas to Chair this newly minted subcommittee. In a… Read More

January 26, 2023 @ 11:10 am By JD Alois  |  

The DNB considers the non-compliance to be very severe. The Dutch Central Bank (De Nederlandsche Bank or DNB) has fined Coinbase Europe Limited €3,325,000. The administrative penalty was assessed as Coinbase (NASDAQ:COIN) had been providing digital asset services in the Netherlands without registration and thus… Read More

January 25, 2023 @ 11:57 am By JD Alois  |  

The French Autorité des Marchés Financiers (AMF) has posted a comment on its website commenting on investment crowdfunding. The AMF notes to change to online capital formation under EU harmonized rules or European Crowdfunding Service Providers Regulation (ECSPR). The AMF explains: Crowdfunding: a regime undergoing… Read More

January 25, 2023 @ 8:28 am By Omar Faridi  |  

Criminals have always found efficient ways “to launder the proceeds of their crimes and avoid increasingly stringent anti-money laundering regulations,” according to an update from CertiK. One such technique, uncovered by CertiK, poses “a direct threat to Web3 projects.” Criminal organizations are using this scheme… Read More

January 24, 2023 @ 10:00 pm By JD Alois  |  

The New York State Department of Financial Services (NYDFS) has issued updated guidance for firms engaged in the crypt or “virtual asset” sector. NYDFS created a path for regulating digital asset firms fairly early on in the emergence of crypto. The announcement issued yesterday aims… Read More

January 23, 2023 @ 11:02 pm By JD Alois  |  

Genesis Global Holdco has received approval from the US Bankruptcy Court for the Southern District of New York for all the first-day motions related to its Chapter 11 filed on January 19, 2023. Last week, Genesis filed for bankruptcy protection after a period when it… Read More

January 23, 2023 @ 4:14 pm By JD Alois  |  

The Securities and Exchange Commission (SEC) is on the hunt for new additions to the  Small Business Capital Formation Advisory Committee (SBCFAC). The Committee, which was created by legislation signed into law during the Obama administration, aims to provide the Commission with advice and feedback… Read More

January 23, 2023 @ 12:00 pm By JD Alois  |  

Representative Bill Huizenga,  a member of the House Financial Services Committee and new Chair of the Subcommittee on Oversight and Investigations, has put Securities and Exchange Commission (SEC) Chair Gary Gensler on notice. In a Tweet, Huizenga said that oversight of the SEC is at… Read More

January 22, 2023 @ 5:07 pm By Omar Faridi  |  

Orrick and Buckley jointly announced the strategic combination, which “responds to growing demand from the most innovative companies and financial institutions for forward-looking regulatory and enforcement advice.” It also responds “to demand from Fintech innovators, tech companies and their financial sponsors for holistic solutions to… Read More