Politics, Legal & Regulation

Policy and regulations impacting innovations in Finance.

Leaked Document Shows China’s Intent to Force Bitcoin Mining Halt

As we reported this past weekend, the People’s Bank of China (PBOC) is rumored to be discussing a power cut for Bitcoin miners. Now there is a document circulating on the internet that indicates China wants to shut down Bitcoin mining altogether. While the complete… Read More

US Securities Regulations are in Need of a Blockchain Upgrade

Anytime I am around a securities attorney (which is quite often) inevitably the 33 Act or the 40 Act comes up in conversation. For normal people (non-attorneys) this legal speak can be confusing, riven by acronyms and stifled by dogma. Yet much of the regulatory… Read More

An Initial Coin Offering and its Legal Implications: An approach by the Thai SEC

An initial coin offering (ICO) is an alternative to the traditional models of start-up and other companies to raise capital. In Thailand, the Securities and Exchange Commission (the Thai SEC) recently expressed their view on ICOs indicating they realize the potential of ICOs to satisfy… Read More

Recent Cease & Desist by Texas Regulators Targeting BitconnectX ICO May Foreshadow More Enforcement Actions

The regulatory drums are getting louder when it comes to initial coin offerings (ICOs). The first shot across the virtual bow was the Securities and Exchange Commission (SEC) Report addressing the DAO and the fact it was an unregistered security. Since last July, there have been… Read More

Securities Commission Malaysia Warns Investors on ICOs, Calls in CopyCashCoin Executives Prior to Public Token Offering

The Securities Commission Malaysia (SC) says it has noticed an increase in initial coin offerings (ICOs) and the solicitation of the general public – including senior citizens. The cautionary statement by the SC was apparently cased by the forthcoming CopyCashCoin ICO that is scheduled to… Read More

Financial Conduct Authority Appoints Charles Randell as New Chair

HM Treasury appointed Charles Randell CBE as the new Chair of the Financial Conduct Authority (FCA). The appointment commences on April 1st and is for a 5 year term. Randell is currently an external member of the Prudential Regulation Committee of the Bank of England and… Read More

NASAA Publishes List of Cryptocurrency Concerns & Red Flags for Fraud

The North American Securities Administrators Association (NASAA) has published a list of concerns and red flags regarding cryptocurrency investment offers. NASAA is the lobbying group that represents state and provincial securities regulators. Joseph Borg, the Director of the Alabama Securities Commission and current NASAA President… Read More

Silver Miller Law Firm Files Class Action Against Giga Watt ICO Claiming Sales of Unregistered Securities [u]

Any US based initial coin offering (ICO) that raised a fair amount of money and did not file for a securities exemption should be quite nervous now. Giga Watt, an ICO that raised $20 million last summer, was hit with a class action lawsuit by… Read More

ICOs in 2018: Token Offerings and the Street

Blockchain initial coin offerings (ICOs) have democratized capital formation for a new generation of application services. From startups to nation states, tokens are a revolutionary construct that allow for innovative function, value and liquidity. Over the past three years, ICOs have successfully funded the development… Read More

South Korea Said to Ban Anonymous Cryptocurrency Transactions Later this Month

A report by Yonhap News says the South Korean government will ban all anonymous transactions in cryptocurrencies as soon as January 20th.  According to the article, only real name bank accounts will be allowed for deposits and transactions on exchanges. Simultaneously, new virtual cryptocurrency accounts… Read More

Gibraltar’s Blockchain Regulatory Framework is Now in Effect

The Gibraltar Financial Services Commission (GFSC) has announced that its Blockchain, or Distributed Ledger Technology (DLT), is in effect as of January 1, 2018. Firms using Blockchain to transmit or store value, regardless of the service, must be licensed by the GFSC. Nicky Gomez, Head… Read More

Britcoin Coming? Report Says Bank of England May Create UK Cryptocurrency in 2018

The Telegraph is reporting that the Bank of England may have a bespoke cryptocurrency in its sights for 2018. The UK Britcoin, if created, would be a revolutionary shift for the entire banking industry and an innovative leap for the world’s second oldest central bank…. Read More

There are Now 36 FINRA Approved Reg CF Portals. Can They All Survive?

Last month, we visited the roster of FINRA approved Reg CF funding portals which stood at 34. Today, that number has increased by 2 so now it stands at 36 in total. Last week, we discussed the three Reg CF platforms that departed this segment… Read More

Taiwan Passes Legislation Creating Fintech Sandbox in Move to Keep Up with Financial Innovation

The Taiwan legislature has passed legislation that will create a regulatory Fintech Sandbox in a move designed to keep the country up to date on the fast changing financial services industry. Inspired by the UK Fintech Sandbox, the law hopes to stop Fintech firms from… Read More

EU Vice President Pushes for European Fintech License as UK Exits Europe

EU Vice-President Valdis Dombrovskis, whose portfolio includes Financial Stability, Financial Services and Capital Markets Union, spoke to the FT this week advocating on behalf of a pan-European Fintech license. Dombrovskis is quoted in the broadsheet lamenting excessive bureaucratic barriers that challenge Europe today; “Europe is certainly… Read More

Russia Prepares Law on Regulation of Cryptocurrencies & ICOs

According to a report in TASS, the Russian Ministry of Finance has prepared a draft law that will regulate cryptocurrencies. The basis of the report was an interview of the Russian Finance Minister Anton Siluanov for Rossiya 24. Siluanov was quoted saying: “The Ministry of Finance has… Read More

ICOs are STILL Not Taking Compliance Seriously in Search for Big Money

The initial coin offering (or ICO) explosion accelerated by Ethereum smart contract technology has resulted in over $3 billion in raised capital in 2017 and garnered the attention of governments worldwide.  The US Securities and Exchange Commission (SEC) has taken note.  In their statement on… Read More

Free to Trade: Securities Issued Under Reg A+ May Trade in Canada

One of the attractive aspects of Reg A+, as created by the JOBS Act of 2012, is the fact issuers may immediately trade securities following a funding round. This has led to a growing number of SMEs to raise capital under Reg A+ and quickly… Read More

Hester Peirce & Robert Jackson Confirmed as SEC Commissioners

Hester Peirce and Robert Jackson were both confirmed by a Senate voice yesterday as Commissioners at the Securities and Exchange Commission. Peirce will immediately begin a term that expires in 2020. Jackson will complete the remainder of a term that expires in 2019. The confirmation… Read More

The Crypto Company Hit with Class Action Following SEC Imposed Trading Halt

Class action law suits and cryptocurrency based companies are a marriage made in digital heaven. The trickle of legal challenges is turning into a deluge as more and more law firms see opportunity in pursuing questionable securities offerings or corporate actions. Today, the most recent… Read More

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