Politics, Legal & Regulation

Policy and regulations impacting innovations in Finance.

Focusing on the How, Not the What: Making Sense of Recent SEC Guidance on Crypto Assets

Through a triad of recent releases/interviews, the SEC has further clarified how it views the offering and sale of crypto assets. These guidance materials provide some really good insight on the SEC’s thinking with respect to its treatment of crypto assets; including some bright line… Read More

Switzerland’s Sovereign Money Referendum Suggests It’s Time to Rethink the Fed

On June 10th, Swiss voters took to the polls to decide whether the country should switch to a so-called sovereign money system. Those supporting the measure felt it would make the financial system safer by preventing bankers from recklessly lending and putting people’s savings at… Read More

US Department of Justice Seizes $20 Million in Bitcoin, Arrests 35 in Darknet Bust

The American Department of Justice (DOJ) announced June 26th that its “First Nationwide Undercover Operation Targeting Darknet Vendors” has resulted in the arrest and charge of 35 individuals accused of selling illicit goods in the Internet underworld. The comprehensive, inter-agency dragnet also seized guns, drugs,… Read More

Hong Kong and Abu Dhabi Business and Monetary Authorities Cooperating on Fintech and Distributed Ledger Technology

The Hong Kong Monetary Authority (HKMA) announced June 26th that it has signed a Fintech agreement with the Financial Services Regulatory Authority (FSRA) of Abu Dhabi Global Market (ADGM), “to enhance collaboration between the two authorities with a view to encouraging and enabling innovation in… Read More

Not So Fast, Crypto-Using Druggies. Its the FBI!

The FBI, that agency with the Ken Doll guys in the suits in all the movies, you should know, is keeping an eye on 130 illegal situations involving cryptocurrencies, Bloomberg reports. “But how big is the problem!?” you ask. Well…OK… it’s basically sliver-sized, says Supervisory… Read More

Germany raises the Equity Crowdfunding Limit to €8 Million

The German Crowdfunding Association announced today that the German parliament has approved the implementation of the European Prospectus regulation and, at the suggestion of the federal government, has decided to raise the upper limit of the prospectus exemption for crowdfunding issuance from the current €2.5… Read More

SEC on ICO’s: The Central Thing is Decentralization

In June 14 comments before the “Yahoo Finance All Markets Summit: Crypto,” William Hinman, Director of the SEC’s Division of Corporate Finance, stated: ETHER is not a security Decentralization and means of promotion are key to determining whether a token is a security. A digital… Read More

Senators Warned About Threat to US Elections Posed by Shell Corps and Virtual Currencies

Three experts told the US Senate Subcommittee on Crime and Terrorism Tuesday that shell companies currencies now pose a “significant” threat and virtual currencies and “emerging” threat to the integrity of political processes in the US. This was the 8th hearing on election interference held… Read More

SEC Alters Definition of Smaller Reporting Company

The Securities and Exchange Commission (SEC) has voted to adopt amendments to the “smaller reporting company” (SRC) definition. This change is designed to expand the number of companies that qualify for certain scaled disclosure accommodations thus making it easier (and perhaps less expensive) to comply… Read More

Abu Dhabi Global Market Issues Crypto Regulatory Framework

The Financial Services Regulatory Authority (FSRA) of the Abu Dhabi Global Market (ADGM) and its CEO Richard Teng have been very active in the blockchain and virtual currency spaces of late. Fresh on the heels of an announcement earlier this week that the FSRA /… Read More

Blockchain Island: Malta Passes All Three Cryptocurrency Bills

The Government of Malta has passed three cryptocurrency-related bills that are designed to make the EU country more attractive to ICO issuers and other blockchain based businesses. The new law will regulate the use of distributed ledger technology (DLT or blockchain) and each bill is… Read More

Prominent Blockchain Attorney Joshua Ashley Klayman Launches Blockchain- and Digital Token-Focused Law Firm & Blockchain Strategy Consulting and Advisory Firm

Joshua Ashley Klayman, a well known name in the digital token sale / blockchain industry, has departed Morrison & Foerster LLP to launch her own boutique law firm targeting the industry she has been intimately engaged with for the past few years. Announced today, Klayman LLC… Read More

Bank of England Report Reaffirms that Crypto-Assets Pose No Risk to Financial Stability

The Bank of England has just issued its most recent Financial Stability Report. Of course, the Bank has its hands full right now with the Brexit drums pounding. It’s all hands on deck to assure nothing cataclysmic occurs when the European divorce is finalized. There… Read More

Secret Service Official Urges Congress to “Address Emerging Risks” Posed by Cryptocurrencies

Officials from several American law enforcement agencies told the US congress June 20th that they have noted an increased use of cryptocurrencies for crime. The Deputy Assistant Director of the Secret Service’s Office of Investigations, Robert Novy, stressed that enforcement agencies must continue to adapt… Read More

Testimony Provided by SEC Chair Jay Clayton Appears to Indicate Ethereum Not Being a Security is Commission Policy, Not Opinion

Earlier this month, the crypto markets quivered with repressed joy and moved higher when Securities and Exchange Commission (SEC) Director of Corporate Finance, William Hinman, declared that Ethereum is not a security. ETH advocates breathed a sigh of relief. Hinman stated; “And putting aside the… Read More

SEC Schedules Open Meeting to Consider Multiple Rule Changes

The Securities and Exchange Commission (SEC) has scheduled an open meeting where the Commission will consider the adoption of multiple rule changes. The Commission is considering the adoption of the following issues: whether to adopt amendments to the definition of “smaller reporting company” and other… Read More

Here is the Legislation that May Finally Fix the Definition of an Accredited Investor

The current definition of an accredited investor is an anomaly based on ease of enforcement and policy inertia. The statute dictates that accredited status is based on annual income or the size of an individual’s (or couples) bank account – yet everyone understands that wealth… Read More

Trump-Appointed Consumer Protection Chief Recommends Crypto-Regulatory ‘Sweet Spot’

Consumer Financial Protection Bureau (CFPB) Chief, Mick Mulvaney, called for balanced regulation of ‘financial technology’ markets Wednesday at the Future of Fintech conference in New York, Coindesk reports: “We knew at an early point in Bitcoin that as with any developing financial technology we needed… Read More

Bank of England Governor Mark Carney: “Profound Changes Demand a New Finance. And a New Finance Demands a New Bank”

In a sweeping speech that was broadly positive, Bank of England Governor Mark Carney set the tone for what will be his final year leading the central bank. Carney said that an “effective financial system must be resilient, fair and dynamic” to deal with tectonic… Read More

North Carolina Legislature Adds Virtual Currency Language to Money Transmitters Act Bill

The state legislature in North Carolina has approved legislation that includes language dealing with virtual currencies. HB 86 originally hit the docket back in February 2017, but the original language of the bill did not incorporate cryptocurrency such as Bitcoin. The ratified bill is called;… Read More

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