Politics, Legal & Regulation

Policy and regulations impacting innovations in Finance.

Malta Issues Financial Instrument Test for Initial Coin Offerings in Push to Clarify How Digital Assets Should be Classified

Malta, a Mediterranean country that wants be known as Blockchain Island, has published a “Financial Instrument Test” as it seeks to clarify questions regarding initial coin offerings (ICOs) and when a digital asset is a security and when it is not. The Malta Financial Services… Read More

Australian Government Posts Reasonable Cryptocurrency Tax Obligations

In mid-March, The Government of Australia published tax guidelines for citizens and businesses using cryptocurrencies to invest, make or receive payments. The document, “Tax treatment of cryptocurrencies,” is fairly readable and the compliance procedures outlined quite reasonable. In short: “Our view is that Bitcoin…is an… Read More

Commissioners Peirce and Piwowar Dissent with Majority Regarding Reg A+ Cap Increase

SEC Commissioners Michael S. Piwowar and Hester M. Peirce have delivered a letter to Chairman Michael Crapo of the Senate Committee on Banking and Chairman Jeb Hensarling of the House Financial Services Committee pertaining to a legislative push to increase the cap on Reg A+… Read More

22 European Countries Sign Comprehensive Blockchain Cooperative Agreement

On Tuesday, April 10th, 22 European countries signed an declaration vowing to cooperate as partners in the development and deployment of blockchain tech across European jurisdictions. According to the declaration, “Cooperation on a European Blockchain Partnership,” earnest efforts to “reaffirm” Europe’s “leading role” globally in blockchain… Read More

Jay Clayton: The Issue of Facilitating Capital Formation and Increasing the Attractiveness of the Public Markets for Smaller Companies is One of My Highest Priorities

Securities and Exchange Commission Chair Jay Clayton re-affirmed his commitment to bolster the environment for smaller companies to more easily raise the growth capital they need and to help foster a more conducive IPO market for SMEs. Speaking at an Equity Market Structure Symposium in… Read More

Will UK Regulatory Approach Trump the US in Enabling Cryptocurrency Innovation?

The Financial Conduct Authority (FCA) has recently published a note stating they are aware of a growing number of UK firms issuing cryptocurrencies or digital assets associated with initial coin offerings. These vehicles are currently not directly regulated but the FCA, and other policy types,… Read More

Neufund CEO Calls SEC Crackdown on Crypto a “War”

  Speaking Saturday at the Cryptochicks Conference in Toronto, Zoe Adamovicz, CEO of Neufund, an online equity token-investing platform based in Germany, characterized the current regulatory crackdown in the US as as much about “protecting investors” as a matter of “jurisdictional competition,” where countries, negotiate… Read More

Ryan Feit from SeedInvest: Crypto Securities Regulation 101

During the 2018 LendIt Fintech conference in San Francisco this week, SeedInvest CEO Ryan Feit delivered a presentation on the current state of securities regulations in regards to initial coin offerings (ICOs). Until recently, much of the ICO activity in the US was completed in… Read More

Last Year the US Department of Treasury Published a Roadmap to Create More Economic Opportunity Including Crowdfunding, So What Has Been Accomplished So Far?

In the Fall of 2017, the US Department of Treasury published a document entitled, “A Financial System That Creates Economic Opportunities – Capital Markets.” This comprehensive overview of the current regulatory environment regarding capital formation is probably the best publication I have ever seen produced… Read More

Blockchain Bundesverband Publishes Recommendations for Regulating Initial Coin Offerings

Blockchain Bundesverband has published an extended version position paper on regulating initial coin offerings (ICOs). This is a follow on publication from a shorter document published this past February. The group seeks to advocate for a regulated market for ICOs in Europe. The aim of this… Read More

SEC Government-Business Forum on Small Business Capital Formation Final Report: Top Request is Fix the Definition of an Accredited Investor

The 36 Annual SEC Small Government Business Forum on Small Business Capital Formation took place last November in Austin, Texas. This past week, the SEC published the final report which includes the list of recommendations as prioritized by the participants in this yearly gathering between… Read More

Longfin Says it Will Fully Cooperate with SEC as Feds Freeze $27 Million in Assets, Trading in Shares are Halted

Longfin Corp. (NASDAQ:LFIN) was hit with a formal request by NASDAQ to provide additional information regarding recent trading activity. The shares were placed on a T12 trading halt on Friday as the Securities and Exchange Commission (SEC) filed a formal complaint against Longfin that included… Read More

Whatever Happened to the Senate Legislation that May Kill Crypto Innovation in the US?

During the summer of 2017, legislation  was introduced into the Senate that had the potential to kill cryptocurrency innovation. The legislation, entitled “Combatting Money Laundering, Terrorist Financing, and Counterfeiting Act of 2017,″ (S.1241) contained very confusing language pertaining to “digital currencies.” Since last year, the bill has been… Read More

The SEC is Reviewing Whether to List Bitcoin ETFs on CBOE

The Securities and Exchange Commission filed an “Order Instituting Proceedings” to determine if they should approve the listing of shares of the GraniteShares Bitcoin ETF and the GraniteShares Short Bitcoin ETF on the CBOE BZX Exchange. This is similar to a process that was initiated last… Read More

My Big Coin Tells Court Tokens aren’t Regulated by CFTC Because they are Not Commodities

My Big Coin (MBC) was hit with an enforcement action by the Commodity Futures Trading Commission (CFTC) back in January of this year. The CFTC alleged, among other things, that MBC’s initial coin offering represented to investors as being actively traded on cryptocurrency exchanges when in fact… Read More

Down Under Crypto Update: Digital Currency Exchange Legislative Guidelines Issued

Digital currency exchange guidelines at last! Australia has implemented new legislative guidelines aimed at regulating digital currency exchange businesses. Enacted earlier this week, the new regulations require cryptocurrency exchanges in the country to comply with requirements outlined in the Anti-Money Laundering and Counter-Terrorism Financing Act… Read More

Centra Tech ICO Hit by Fraud Allegations, Defendants Charged Criminally and Arrested. This One was Pumped by Floyd Mayweather

So what is it with boxers and bogus initial coin offerings? The Securities and Exchange Commission (SEC) has filed a complaint alleging securities fraud with another ICO. This time it is Centra Tech, the creation of Sohrab “Sam” Sharma and Robert Farkas. The ICO reportedly… Read More

Switzerland and the Global Regulatory Competition for ICOs

The CryptoSummit 2018 organized by Blockchain startup Smart Valor gathered more than 1,000 attendees from 47 countries in Zurich. One of the recurring themes of the conference presentations was the regulation of Initial Coin Offerings (ICOs). Many participants pointed out that there is now an… Read More

SEC Says Fintech Mozido was Just Another Scam to Enrich Founder Michael Liberty

The SEC has charged the founder of Mozido, Michael Liberty, as operating a Fintech scam. Liberty, along with his accomplices, allegedly stole the bulk of $48 million they raised. The money was apparently used to fund a posh lifestyle that included private jet flights, mansions,… Read More

What’s next for the ICO? Reflections on Securities Law and the Future of Initial Coin Offerings

  To date, fundraising has been blockchain’s killer app. In 2017, Initial Coin Offering (ICO) fundraising eclipsed that of traditional venture capital, and in 2018, ICOs have already raised nearly $3 billion in non-dilutive funding. This new form of early-stage financing is incredibly promising, at… Read More

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