Politics, Legal & Regulation

Policy and regulations impacting innovations in Finance.

How Can We Reduce Barriers for Access to Capital for Entrepreneurs?

On November 12, the Securities and Exchange Commission (SEC), Small Business Capital Formation Advisory Committee, met in Washington, DC to discuss several important issues that impact small businesses in the US. As one would expect, the discussion included the ongoing challenge of providing access to… Read More

UK Financial Conduct Authority Hits the Breaks on Certain Mini-Bonds

The UK Financial Conduct Authority (FCA)  will ban the mass marketing of “speculative mini-bonds” to retail investors beginning January 1, 2020. The FCA is banning these mini-bond promotions without a consultation by using its “product intervention powers.” The ban will be in place for 12… Read More

CFTC Report Indicates Slight Uptick in the Number of Enforcements This Year

The Enforcement Division at the American Commodities Futures Trading Commission, tasked with enforcing rules governing commodities markets in the US, has released its annual report. The CFTC defines Bitcoin and Ethereum as commodities and oversees the trading of futures derivatives of these in the US…. Read More

Distributed Cybersecurity Firm Gladius Dissolves Operations without Complying with SEC Order to Reimburse Investors

Gladius, a “distributed” cybersecurity firm, has reportedly dissolved its operations without complying with the orders from the US Securities and Exchange Commission (SEC) to reimburse the project’s investors. Alex Godwin, the company’s co-founder and CTO, confirmed the dissolution of the firm through a message sent… Read More

Bitfinex Slams “Copycat Lawsuit” Filed in State of Washington

Bitfinex, a beleaguered crypto exchange, was hit by a class-action lawsuit last week filed in the U.S. District Court for the Western District of Washington. Bitfinex is also the target of an investigation that was launched by the New York Office of the Attorney General…. Read More

Australia-UK “Fintech Bridge” Is Under-Utilized, as there’s Significant Potential for New Agreements, Says Aussie Senator Jane Hume

Australia’s Senator Jane Hume has suggested that there’s significant potential for new international agreements to lead the nation’s Fintech companies into emerging financial markets. Hume pointed out that Australia’s present agreement with the UK to promote exports of Australia’s financial technology has not been used… Read More

Authorities in China Reportedly Shut Down Local Cryptocurrency Exchange BISS, 10 Individuals Arrested

Authorities in China continue to crack down on crypto-related businesses. Recently, the nation’s police officials closed down local digital asset exchange BISS and took 10 people into custody, as they were suspected of being involved in the trading platform’s business operations. On November 22, 2019,… Read More

House Artificial Intelligence Task Force Schedules Meeting to Discuss Capital Markets and Impact of AI

The House Financial Services Committee, Task Force on Artificial Intelligence, has scheduled a hearing for December 6th. The hearing is entitled,  “Robots on Wall Street: The Impact of AI on Capital Markets and Jobs in the Financial Services Industry.” The AI Task Force is relatively… Read More

Draft House Legislation Calls for Tokenization of Consumer Financial Data

Yesterday, the House Financial Services Committee Fintech Taskforce met to discuss big data and its impact on consumers regarding the financial services industry. The hearing by the Fintech Taskforce was entitled “Banking on Your Data: The Role of Big Data in Financial Services.” Much of… Read More

European Union Plans to Invest €100 Million in Blockchain & Artificial Intelligence Startups During 2020

The EU Artificial Intelligence and Blockchain Investment Fund is planning to invest €100 Million in European startups next year. This is according to note from the European Commission. The new EU investment fund seeks to boost innovation in these two key technologies. The Fund was… Read More

The European Fifth Anti-Money Laundering Directive Kicks in On January 10th

In the European Union, the fifth Anti-Money Laundering Directive (5AMLD) entered into force on 9 July 2018 but impacted firms have until January 10, 2020, to become compliant. Crypto companies, or virtual asset service providers (VASPs), will be expected to step things up and adhere… Read More

The Financial Stability Board Met in Paris to Discuss Issues Facing Global Financial Industry Including Fintech

The Financial Stability Board (FSB), an international organization that monitors and makes recommendations regarding the world’s financial system, recently met in Paris in order to discuss key issues facing the global financial industry, including potential vulnerabilities, various Fintech developments, and the agency’s 2020 work program…. Read More

UK Jurisdiction Taskforce Issues Statement on Status of Cryptoassets and Smart Contracts

A UK Jurisdiction Taskforce (UKJT) has published a document entitled “Legal Statement on cryptoassets and smart contracts.” The members of this Taskforce include a blend of both public and private entity participants. The UK has established itself as the leading jurisdiction when it comes to… Read More

SEC Schedules Conference on “The State of Our Securities Markets”

The US Securities and Exchange Commission (SEC) has scheduled a conference tackling the topic of “The State of Our Securities Markets.” The event, which is open to the public, will take place on December 4th, 2019 at SEC HQ on F Street in Washington, DC. The… Read More

Making the Rounds: CFTC Chairman Heath Tarbert Continues to Talk Up Digital Assets and Need for US to Remain Competitive

Commodity Futures Trading Commission (CFTC) Chairman Heath Tarbert has been making the rounds on various media to advocate on behalf of digital assets, Fintech, and the need for the US to remain competitive in a global Fintech market. Tarbert visited with CNBC this week, as… Read More

FirstRand Bank in South Africa Shutting Down Accounts Linked to Crypto Exchanges

FirstRand Bank (FRB) in South Africa is shuttering accounts affiliated with cryptocurrency exchanges, according to a report in MyBroadband. Quoting a letter seen by the publication, the justification is due to associated risk regarding these exchanges: FirstRand Bank has been considering its risk appetite in… Read More

ICO Issuers that Sold Unregistered Securities May Not Be Able to Pay Penalties Assessed by the SEC. What Happens Now?

Last week, Crowdfund Insider referred to several Securities and Exchange Commission (SEC) enforcement actions that addressed the sale of unregistered securities by issuers of initial coin offerings (ICOs). Penalties assessed by the SEC are now coming due for several prominent enforcement actions brought by the… Read More

CFTC Chairman Tarbert Calls for More Principles Based Regulation for Fintech, Not More Rules

Commodity Futures Trading Commission (CFTC) Chairman Heath Tarbert published an Op-Ed today which appeared in Fortune as well as the CFTC website. Tarbert called for a more principles-based approach regarding Fintech innovation – not more rules. Tarbert said that a principles-based approach can provide the… Read More

Office of the Comptroller of the Currency Proposes Clarification for “Valid When Made” Related to Madden v. Midland Lawsuit

The Office of the Comptroller of the Currency (OCC) is proposing to “clarify” the “valid when made” issue regarding lending. The OCC is soliciting comments now on the proposal. To quote the OCC: “[the proposed] rule to clarify that when a national bank or savings… Read More

Reg CF Funding Portals: 50 in Total with Several Exits and Several Additions. Is Reg CF Ready to Scale?

Periodically, Crowdfund Insider revisits the Reg CF sector of online capital formation. Reg CF or “Regulation Crowdfunding” may have garnered most of the attention from popular media but really there are three individual crowdfunding exemptions including Reg A+ and Reg D 506c. Under Reg A+… Read More

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