ASIC expands operational resilience guidance for market participants. ASIC (in Australia) has officially released a letter to market participants “outlining technological and operational resilience guidance, clarifying how to identify critical business services and notification of a major event.” The guidance relates to the technological and… Read More
New York State Department of Financial Services (DFS) Superintendent Adrienne A. Harris issued guidance which adopts enhanced requirements for coin-listing and delisting policies of DFS-regulated virtual currency entities, “updating the prior framework issued by the Department in 2020.” Superintendent Harris stated: “This guidance continues the… Read More
The Canadian Securities Administrators (CSA) recently published guidance to help fund managers understand and comply with securities law requirements for public investment funds holding crypto assets (public crypto asset funds). The guidance aims to provide “an overview of public crypto asset funds operating in Canada… Read More
IOSCO or the International Organization of Securities Commissions and the Bank for International Settlements (BIS) – Committee on Payments and Market Infrastructures (CPMI) have published final guidance on stablecoins. The guidance follows a proposal for consultation in 2021. The publication is called a “major step… Read More
The Canadian Securities Administrators (CSA) has provided guidance on disclosure provided by issuers of crypto assets. The CSA is a group that represents provincial securities regulators. In Canada, there is no federal agency overseeing the securities sector. According to the CSA, in Canada, most crypto-asset… Read More
The Commodity Futures Trading Commission (CFTC) has “unanimously” approved final interpretive guidance concerning retail commodity transactions involving certain digital assets. Specifically, the guidance clarifies the CFTC’s views regarding the “actual delivery” exception to Section 2(c)(2)(D) of the Commodity Exchange Act (CEA) in the context of… Read More
The Financial Action Task Force (FATF) stated on October 18 that stablecoins pose a money laundering and a terrorism financing threat to the world. The intergovernmental organization considers cryptocurrencies to be a “major strategic initiative.” In documents published following its latest meeting, the FATF noted… Read More
The Swiss Financial Market Supervisory Authority (FINMA) has published guidance as to the application of regulatory requirements for payments on the blockchain for financial services providers under FINMA supervision. Specifically, the guidance addresses anti-money laundering (AML) and know your customer (KYC) rules. In a release,… Read More
The Financial Crimes Enforcement Network (FinCEN) today issued guidance entitled, Application of FinCEN’s Regulations to Certain Business Models Involving Convertible Virtual Currencies (CVC). FinCEN is the enforcement branch of the US Department of Treasury. The guidance issued today does not establish any new regulatory expectations…. Read More
Here’s a question for all of you. Between coins, tokens, stamps, tickets, vouchers, and chips, which of these qualifies as a “security” under U.S. Securities laws? It’s actually a trick question, they all do! Well, technically speaking, they all could potentially qualify as securities. The… Read More
The Financial Services Commission of Mauritius has issued guidance on security tokens as part of their “Fintech series.” The Guidance follows the regulator’s recognition of digital assets as a unique asset class for investors. In March, the FSC issued a brief statement clarifying that a… Read More
The UK Financial Conduct Authority (FCA) issued a consultation today on the emerging “cryptoasset” sector of finance. The UK is well known for its thoughtful regulatory approach when it comes to innovative new financial services and the final outcome will be watched with interest around… Read More
The Swiss Financial Market Supervisory Authority (FINMA) has published guidelines on initial coin offerings (ICOs). Switzerland, as many people know, is a hot bed of ICOs and cryptocurrency in general. Switzerland has recognized the newfound prominence in this sector of Fintech and has sought to… Read More
The Monetary Authority of Singapore (MAS) has published a document providing guidance on Initial Coin Offerings (ICOs). Entitled “a Guide to Digital Token Offerings,” the document seeks to clarify when an ICO is in fact a security, and thus regulated and the application of securities… Read More
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