Archives

June 7, 2024 @ 1:08 pm By JD Alois  |  

The SEC’s Private Fund Advisor rule has been vacated by the courts. In August 2023, the SEC enacted the new rules, claiming they would enhance the regulation of private fund advisers by requiring annual audits, fairness and valuation opinions, and quarterly statements. SEC Chairman Gary Gensler… Read More

May 30, 2024 @ 11:48 am By JD Alois  |  

SEC Commissioner Hester Peirce has publicly shared a comment on a consultation in the UK. Launched last April, the proposal is for a Digital Securities Sandbox (DSS) initiated by the UK Financial Conduct Authority and the Bank of England. The deadline for feedback from interested… Read More

May 24, 2024 @ 12:42 pm By JD Alois  |  

The Securities and Exchange Commission (SEC) is poised to green-light Ethereum (Ether) ETFs after years of pushback. As of this writing, it was not clear as to when these products would commence trading. Earlier this year, the SEC approved spot Bitcoin ETFs for trading after… Read More

May 22, 2024 @ 12:28 pm By JD Alois  |  

The Securities and Exchange Commission (SEC) has penalized the Intercontinental Exchange (NYSE:ICE), the operator of the New York Stock Exchange, for failing to notify the SEC promptly of a cyber intrusion. ICE has agreed to pay a $10 million penalty to settle the allegations without… Read More

May 16, 2024 @ 2:34 pm By JD Alois  |  

Following approval in the House earlier this month, the US Senate has voted on and approved HJ Res. 109, which overturns the SEC’s Staff Accounting Bulletin (SAB) 121 under the Congressional Review Act (CRA). When the House approved the resolution. Chairman of the House Financial… Read More

May 13, 2024 @ 10:39 am By JD Alois  |  

FAT (Fresh. Authentic. Tasty.) Brands Inc. (NASDQ:FAT) has been hit with allegations of fraud. This past Friday, the Securities and Exchange Commission (SEC) filed fraud charges against FAT, its former CEO and current Chairman, Andrew Wiederhorn, and its former CFOs, Ron Roe and Rebecca Hershinger,… Read More

May 13, 2024 @ 7:42 am By Omar Faridi  |  

Upstart has reportedly received a subpoena from the US Securities and Exchange Commission (SEC) pertaining to the Fintech company’s disclosures as they relate to use of its AI algorithms/models and loans. This, according to Upstart’s quarterly filing released this past Tuesday. The California-headquartered alternative lender… Read More

May 8, 2024 @ 11:21 am By JD Alois  |  

The Securities and Exchange Commission (SEC), Investor Advisory Committee (IAC), has scheduled a meeting for June 6th. Topics include artificial intelligence (AI) and the ongoing discussion of investment advice. Regarding investment advice, the Committee worries that younger investors are receiving guidance from “non-traditional ways,” including… Read More

May 7, 2024 @ 3:27 pm By JD Alois  |  

The Securities and Exchange Commission (SEC) has filed charges against Curt Kramer and his wholly-owned businesses Power Up Lending Ltd., Geneva Roth Remark Holdings, Inc., and 1800 Diagonal Lending, LLC (formerly known as Sixth Street Lending LLC), for operating as unregistered securities dealers. According to… Read More

May 7, 2024 @ 12:35 pm By JD Alois  |  

Coinbase co-founder and CEO Brian Armstrong welcomed Robinhood (NASDAQ:HOOD) to the Wells Notice club. This past week, it was reported that Robinhood has received a Wells Notice from the Securities and Exchange Commission (SEC). A Wells Notice indicates that SEC staff is recommending an enforcement action by… Read More

May 6, 2024 @ 10:44 am By JD Alois  |  

The Securities and Exchange Commission (SEC) and Small Business Capital Formation Advisory Committee (SBCFAC) have finally issued their recommendation regarding the definition of Accredited Investors. This definition impacts the Reg D marketplace, an ecosystem that enabled around $3 trillion in funding in 2023. Just about… Read More

May 6, 2024 @ 9:14 am By JD Alois  |  

Robinhood (NASDAQ:HOOD), a new spin on a digital brokerage, has posted an 8-K indicating they are in receipt of a Wells Notice indicating an investigation by the Securities and Exchange Commission (SEC) may lead to a lawsuit by the Commission. According to the filing, Robinhood… Read More

May 3, 2024 @ 9:33 am By JD Alois  |  

The Securities and Exchange Commission (SEC) has charged BF Borgers CPA PC and its owner, Benjamin F. Borgers with deliberate and systemic failures to comply with Public Company Accounting Oversight Board (PCAOB) standards in its audits and reviews incorporated in more than 1,500 SEC filings… Read More

May 1, 2024 @ 4:05 pm By JD Alois  |  

The Securities and Exchange Commission, Office of the Advocate for  Small Business Capital Formation, has posted a report on minotry and women activity in the Reg CF securities crowdfunding sector. Reg CF is one of the exemptions that enables online capital formation as well as… Read More

May 1, 2024 @ 8:00 am By JD Alois  |  

Community Round Ventures says it will create a “naughty list” for firms that raised money using Reg CF (Regulation Crowdfunding) that have not filed their mandated Form C-AR [Annual Report]. Form C-AR is mandated for issuers that use the Reg CF securities exemption. The annual… Read More

April 26, 2024 @ 5:09 pm By Omar Faridi  |  

Consensys is reportedly suing the US Securities and Exchange Commission (SEC) in an attempt to defend the Ethereum ecosystem. Joe Lubin, Co-founder of Ethereum and Founder/CEO of Consensys, notes in a blog post that ConsenSys “took an important step towards preserving access to the Ethereum… Read More

April 26, 2024 @ 7:50 am By Michael Wong  |  

The Securities and Exchange Commission’s Small Business Capital Formation Advisory Committee (SBCFAC) is set to convene on Monday, May 6, 2024, to discuss key topics in small business financing, including the state of Regulation Crowdfunding (Reg CF) and trends in angel investing. The meeting, accessible… Read More

April 18, 2024 @ 11:20 am By JD Alois  |  

Vanderbilt University Professor Joshua T. White, a former SEC economist at the Division of Economic and Risk Analysis (DERA), did a highly effective job of critiquing the SEC’s new climate disclosure rules during a hearing of the House Financial Services Committee. The new type of… Read More

April 12, 2024 @ 12:31 pm By JD Alois  |  

The Securities and Exchange Commission, Small Business Capital Formation Advisory Committee (SBCFAC), has scheduled its next meeting for May 6, 2024. As of today, the agenda has not been released. At the last meeting in February, the SBCFAC discussed multiple topics of interest, including a… Read More

April 12, 2024 @ 12:20 pm By JD Alois  |  

The Securities and Exchange Commission (SEC) has penalized five individual investment advisors for allegations of violating marketing rules. According to the SEC, each entity has settled the charges and agreed to pay $200,000 in combined penalties. The five firms are as follows: GeaSphere LLC Bradesco… Read More