Tagged: jay clayton

The SEC and CFTC Join in Signing IOSCO Multilateral Memorandum of Understanding on Cross Border Enforcement

The Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) have both signed the IOSCO Enhanced Multilateral Memorandum of Understanding Concerning Consultation and Cooperation and the Exchange of Information (EMMoU). The announcement comes following the 44th Annual International Organization of Securities Commissions… Read More

Has the SEC Slammed the Brakes on Blockchain Innovation?

The Securities and Exchange Commission (SEC) has talked up their innovation cred and support of Fintech for years. Under previous Chair Mary Jo White, the SEC held the very first Fintech Forum which saw both industry participants and policymakers engage with each other in collaborative… Read More

Coincenter Publishes Correspondence with SEC Chair Jay Clayton: Digital Assets May Be Sold as a Security but Could Change Over Time

Coincenter, a leading advocacy group for the cryptocurrency/virtual asset space, has shared a recent correspondence with SEC Chairman Jay Clayton. Chair Clayton responded last week to a letter originally sent last October by Congressman Ted Bud who was seeking additional clarity on crypto and its… Read More

The SEC Wants to Extend Test the Waters for Issuers and That’s Good Thing

Yesterday, the Securities and Exchange Commission (SEC) proposed a reform that would permit potential issuers to gauge investor interest prior to pursuing an offering. According to the SEC, the new rule and related amendments would expand the “test-the-waters” process, currently available to emerging growth companies or “EGCs,”… Read More

Back to Work: Securities and Exchange Commission is Back on the Job as Government Re-Opens

The Securities and Exchange Commission (SEC) is back on the job as President Trump signed a bill that will re-open the government for three weeks – until February 15th. The closure of federal offices was due to a political spat between the Democrats and the… Read More

SEC to Allow Reporting Companies to Use Reg A+ Securities Exemption to Raise Capital

Long requested by Reg A+ fans, the Securities and Exchange Commission (SEC) has approved final rules that will allow reporting companies to utilize the Regulation A (frequently referenced as Reg A+) exemption to raise capital. The amendments to Reg A+ will become effective upon publication in… Read More

SEC Chair Jay Clayton told Senate Banking Committee they are Focusing Significant Attention on Digital Assets & ICOs

Last week, the Securities and Exchange Commission (SEC) Chair Jay Clayton addressed the Senate Banking Committee. His testimony was a routine trip to Capitol Hill when Chair Clayton is expected to update Congress on their regulatory initiatives and any challenges. Topics included the declining IPO… Read More

SEC Looks to Address “Patchwork” of Private Offering Exemptions, Staff to Comment on Accredited Investor Definition

During the 37th annual Government-Business Forum on Small Business Capital Formation, Securities and Exchange Commission (SEC) Chair Jay Clayton opened the event with a couple of interesting statements. Clayton commented on the byzantine ecosystem that has emerged, over many decades of legislation and rulemaking, for issuers… Read More

SEC Chair Jay Clayton: No Need to Adjust Securities Laws to Suit Cryptocurrencies

The Chairperson of the SEC, Jay Clayton, spoke about the regulation of cryptocurrencies Thursday evening with reporter and author Andrew Ross Sorkin at a “Times Talk” hosted by The New York Times. Sorkin began by stating that Clayton may have “the swing vote” regarding the… Read More

SEC Chair Jay Clayton Comments on Elon Musk & Tesla Enforcement Action and Settlement

“…when companies and corporate insiders make statements, they must act responsibly, including endeavoring to ensure the statements are not false or misleading and do not omit information a reasonable investor would consider important in making an investment decision.” – Jay Clayton, Chairman of the SEC… Read More

Securities Litigations Against Cryptocurrency Projects in US Have Tripled in 2018

Securities litigations against cryptocurrency projects in the US have tripled in 2018, Law.com reports, and the SEC under new Chairperson Jay Clayton is leading the charge in 30% of cases. In “Securities Litigation Report of 2018,” legal analytics firm Lex Machina found 45 cases filed… Read More

“The Case Will Proceed to Trial”:  Taking the RECoin / Diamond & Other ICO Actions One Step at a Time

The Jury by John Morgan Trial Court Judge Law

As has been reported widely, digital token sales (sometimes referred to as initial coin offerings or ICOs) arguably are becoming increasingly important as a new form of capital raising.  To date, certain regulators (including the U.S. Securities and Exchange Commission (the “SEC”)) have provided ongoing… Read More

SEC Chairman Jay Clayton Talks Initial Coin Offerings, Access to Capital at Entrepreneurship Festival

Speaking at the 36|86 Entrepreneurship Festival in Nashville today, Securities and Exchange Commission (SEC) Chairman Jay Clayton addressed the all important topic of entrepreneurship and access to capital. During his tenure at the SEC, Clayton has consistently expressed his intent to improve the ability of smaller… Read More

Petition the SEC: Raise the Crowdfunding Limit to $20 Million

“small businesses are still shut out from equity crowdfunding due to the current regulatory constraints.” Recently, a group of prominent small business advocates and crowdfunding industry insiders sent a letter to Securities and Exchange Commission (SEC) Chairman Jay Clayton. The group, which included representatives of… Read More

SEC Chairman Jay Clayton Issues Brief Statement on US Department of Treasury Fintech Report

Following the extensive report on Fintech published by the US Department of Treasury today, the Chairman of the Securities and Exchange Commission, Jay Clayton, issued a brief statement calling the document a valuable contribution to the SEC’s mission; Chairman Clayton stated; “Today, the Treasury Department… Read More

Prominent Group of Fintech Leaders Send Letter to SEC Chair Jay Clayton Demanding an Increase in Regulation Crowdfunding to $20 Million

In a letter forwarded to Securities and Exchange Commission (SEC) Chairman Jay Clayton, a group of Fintech leaders demanded the Commission to increase Regulation Crowdfunding (Reg CF) from the current $1.07 million max amount to $20 million – a substantial increase to current rules. The… Read More

SEC Chair Jay Clayton Comments on New Presidential Task Force on Market Integrity and Consumer Fraud, Points to Risk of Initial Coin Offerings

Securities and Exchange Commission Chair Jay Clayton has posted remarks on the establishment of the “Task Force on Market Integrity and Consumer Fraud.” The Task Force was announced today as an Executive Action by President Donald Trump. Clayton said he believes “cyber threats present some of… Read More

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

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

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

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