Politics, Legal & Regulation

Policy and regulations impacting innovations in Finance.

An Update to Reg D, Including Definition of an Accredited Investor, is a Top Priority for the SEC: How Could This Impact Private Markets?

The Securities and Exchange Commission’s regulatory agenda during the current leadership has changed little since it was first revealed in 2021. One item that has been near the top of the list is Reg D “improvements,” including an update to the Accredited Investor definition. Regulation… Read More

Securities Commission of the Bahamas Takes Control of FTX Digital Markets Assets

Today, the Securities Commission of the Bahamas issued a statement that it has transferred all assets held by FTX Digital Markets Ltd., to a wallet controlled by the regulator. The Securities Commission said it took control of the assets under its powers as a regulator… Read More

Autumn Statement: Chancellor Outlines Tough Future as Economy Now in Recession

Chancellor of the Exchequer Jeremy Hunt delivered the Autumn Budget today, and once again, there is a bundle of adjustments and announcements aiming to improve the UK economy that is struggling with high inflation, unsustainable energy costs, and a recession. The UK government has already… Read More

Never in my career have I seen such a complete failure of corporate controls: Former Enron Fixer and New FTX CEO Hammers Incompetence at Failed Crypto Exchange

New FTX CEO John J. Ray has filed a declaration in support of Chapter 11 proceedings, completely slamming the utter incompetence of management in what was once the second-largest crypto exchange in the world. To quote the filing: “Never in my career have I seen… Read More

Circle CEO Sends Letter to Congressional Leaders Urging Stablecoin Legislation

This week, Jeremy Allaire, CEO of Circle – issuer of a leading dollar-based stablecoin USDC, forwarded a letter to Congressional leaders urging action on stablecoin legislation, providing rules for the industry to develop with surety. Following the collapse of FTX and the collateral damage of… Read More

House Committee on Financial Services Schedules Hearing on FTX Disaster

The House Committee on Financial Services has announced a hearing on the failure of FTX and its affiliated entities. The announcement was bipartisan in nature as the current Chair of the Committee, Maxine Waters, was joined by Ranking Member Patrick McHenry in announcing the hearing… Read More

Acting Comptroller Outlines OCC Priorities, Includes Fintech, Crypto in Statement to Senate Banking Committee

The Acting Comptroller of the Currency, Michael J. Hsu, testified in front of the Senate Committee on Banking today. In prepared testimony, the Acting Comptroller outlined his priorities for the bank regulator. In opening statements, the Chair of the Committee, Senator Sherrod Brown, took a… Read More

SEC Publishes Enforcement Data for 2022

The Securities and Exchange Commission (SEC), Division of Enforcement, has published its annual activity report for the fiscal year 2022. The Division of Enforcement is the largest section of the SEC and leverages the bulk of the agency’s budget. During the SEC’s fiscal year of… Read More

Retreat: SPACs Decline Dramatically Versus Exhuberant Activity in 2021

SPACs, or special purpose acquisition companies, boomed in 2021. This year, the story is rather different. According to data compiled by S&P Global Market Intelligence, through Q3 2022, there have been 78 SPAC initial public offerings (IPOs). This compares to 444 for the nine-month period… Read More

FTX Bankruptcy: Possibly More than One Million Creditors

An initial filing pertaining to the Chapter 11 filing for FTX and affiliated firms has surfaced today. Filed yesterday by new leadership at FTX to manage the bankruptcy proceedings, the document notes there are over 100,000 creditors with claims – a number that can balloon… Read More

Former SEC Counsel on FTX Failure: “We are talking about fraud with a capital F”

The bankruptcy of FTX and many of its affiliated entities have pummeled all crypto markets. Many observers wonder if there is another shoe to drop. Meanwhile, crypto-associated firms continue to make announcements regarding any impact the collapse of crypto may have on their operations. It… Read More

Women and Minorities in Crowdfunding: Report Highlights How Reg CF Delivers Higher than Average Funding Success

  One of the key elements of online capital formation is the fact that geography is not as important. While traditional venture hubs, like the Bay area and New York City, continue to garner much of the activity in securities crowdfunding, expanding access to capital… Read More

LedgerX (FTX US Derivatives) Pulls Clearing Application from CFTC

According to a note from the Commodity Futures Trading Commission (CFTC), LedgerX LLC (dba FTX US Derivatives), has pulled its application to amend FTX’s Amended Order of Registration as a derivatives clearing organization to allow FTX to offer products that are not fully collateralized. The… Read More

Criticism of Sam Bankman-Fried, FTX Collapse Grows as More Details Emerge, Bahamas Announce Criminal Investigation

As details of the FTX collapse continue to emerge, criticism has turned into a pile-on in regard to Sam Bankman-Fried’s mismanagement of the crypto exchange and affiliated entities, including his hedge fund Alameda Research. Bankman-Fried is said to be in the Bahamas, where authorities are… Read More

HashKey Group Receives Licenses to Operate Virtual Asset Trading Platform from Hong Kong SFC

Hash Blockchain Limited, a member of the HashKey Group, a digital asset financial services group in Asia, has “received approval” from the Securities and Futures Commission of Hong Kong (SFC) in order “to operate a virtual asset trading platform, under a Type 1 (dealing in… Read More

Securities Commission of The Bahamas Takes Action to Freeze Assets of FTX, Related Parties

The Securities Commission of The Bahamas (the Commission) took action “to freeze assets of FTX Digital Markets and related parties.” The Commission also “suspended the registration and applied to the Supreme Court of The Bahamas for the appointment of a provisional liquidator of FTX Digital… Read More

Bank of Russia Shares Details on Evolution of Digital Asset Market in Consultation Paper

The Bank of Russia proposes to discuss possible circulation of digital assets “at exchange trading, harmonization of approaches to their taxation with traditional financial instruments, conditions for acquiring digital assets by individual institutional investors, establishment of the accounting procedure for such investments, as well as… Read More

Federal Reserve Bank of New York, Monetary Authority of Singapore Experiment with CBDCs for Wholesale Payments

The Federal Reserve Bank of New York, New York Innovation Center (NYIC), and the Monetary Authority of Singapore (MAS) have announced a partnership aimed at experimenting with Central Bank Digital Currency (CBDC) to improve the efficiency of cross border wholesale payments using multiple currencies. The… Read More

FTX and Affiliated Companies File for Bankruptcy

In an action that should come as no surprise, FTX (International), along with its affiliated firms, including FTX.us and Alamada Research, has filed for bankruptcy protection. The news was revealed via Twitter in FTX’s main account. What was once the 2nd largest crypto exchange in… Read More

Ten Years Ago, a Framework for European Crowdfunding was Revealed, Where are we now?

Ten years ago, a group of proponents published a document that outlined “A Framework for European Crowdfunding.” The document was widely distributed as individuals interested in online capital formation shared the framework, looking to garner support among policymakers to enable securities crowdfunding. The main authors… Read More

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