Tagged: sec

Like a Jackson Pollock Painting: SEC Commissioner Hester Peirce Criticizes Commission’s Approach to Digital Assets, Says it Has Stifled Growth

SEC Commissioner Hester Peirce has polished her pen once again with another thought-provoking speech addressing Fintech innovation and, more specifically, digital assets. Speaking at the Securities Enforcement Forum, East Palo Alto, California (by video), Peirce pointedly criticized the Commission for stifling the emergence of security… Read More

SEC Director of CorpFin Bill Hinman Provides Crowdfunding Update at Small Business Capital Formation Advisory Committee Meeting

Earlier this week, the inaugural meeting of the Small Business Capital Formation Advisory Committee (SBCFAC) took place at the Securities and Exchange Commission (SEC) in Washington, DC. The new Committee brings together a diverse group of small business proponents including several Fintechs. Led by Martha… Read More

Bitwise Presentation to SEC Provides Insight into BTC ETF Push as Well as Bogus Crypto Exchange Marketplace

In March, Bitwise Asset Management pitched their case regarding the creation of a Bitcoin ETF to the Securities and Exchange Commission (SEC). While providing a compelling argument as to why the SEC should move forward with their ETF, the presentation also provided some interesting insight… Read More

When Does A “Digital Asset” Qualify As A Security? A Deeper Dive Into Recent SEC Guidance.

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

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

SEC Issues Investor Alert: Cautions on Issuers that Claim SEC has “Approved Offerings” such as ICOs

We have seen this one a lot. Issuers file a Form D with the Securities and Exchange Commission (SEC) and once it pops up on Edgar (the SEC’s document database) the entity or individual claims it has been “approved” by the SEC. That’s a bunch… Read More

SEC’s Office of Advocate for Small Business Provides Additional Details on Upcoming Roundtable on May 6th

The Securities and Exchange Commission Office of the Advocate for Small Business Capital Formation has provided additional details on the upcoming Roundtable scheduled for May 6th. The Roundtable was announced yesterday and is scheduled to take place the same day as the first meeting of… Read More

SEC Orders Suspension of Trading for Bitcoin Generation, Inc

The Securities and Exchange Commission (SEC) has ordered the suspension of trading for Bitcoin Generation, Inc. The company traded under the symbol BTGN on OTC Markets Link (previously Pink). According to a profile on OTC Markets, Bitcoin Generation is an Oklahoma based company that “specializes… Read More

SEC Now Considering Applicants for “Financial Analyst, Cryptocurrencies” Position

The US Securities and Exchange Commission has been seeking submissions from among the “best and brightest” in the field to join the agency as its Financial Analyst, Cryptocurrencies in Washington, DC. The SEC’s chosen “Crypto Specialist,” as it were, will be expected to, “Develop and… Read More

SEC Announces Members of Small Business Capital Formation Advisory Committee

The Securities and Exchange Commission (SEC) has announced the new members of the Small Business Capital Formation Advisory Committee. The Committee will hold its first meeting on Monday, May 6, 2019, at the SEC’s headquarters in Washington, D.C. The Committee replaces the Advisory Committee on… Read More

SEC Shares Agenda for May 31st Fintech Forum, Blockchain to be Hot Topic of Discussion

The Securities and Exchange Commission (SEC) has posted the agenda for the upcoming Fintech Forum scheduled to take place on May 31st. The event, entitled the 2019  Fintech Forum, will take place at SEC headquarters in Washington, DC. It will simultaneously be live-streamed on the… Read More

Here is the List of SEC Approved Alternative Trading Systems

Many crypto sector platforms are seeking to be approved as “alternative trading systems” or ATSs. An ATS can be very similar to an exchange with a different set of reporting requirements which are not quite as stringent. OTC Markets, a securities marketplace that many people… Read More

When You Mine Crypto are You Creating a Security? Templum Presses the SEC to Decide if Miners Must be Broker Dealers

Mining is a vital part of the cryptocurrency industry today. While some industry followers believe that crypto mining will go away in the not so distant future, it remains an active pursuit for individuals and companies to mint digital money using racks of computers. In… Read More

Marketplace Lending Platform Prosper Settles Fraud Charges Brought by SEC, Pays $3 Million Penalty

Leading marketplace lending platform Prosper has settled fraud charges for misstating returns, according to a release from the Securities and Exchange Commission (SEC).  Without admitting or denying the allegations, Prosper has consented to an SEC order finding it violated an anti-fraud provision of the Securities… Read More

Two Firms Forced by SEC to Drop Term “Blockchain” From ETF Product Names

The recent proliferation of themed ETF offerings- up five-fold 2014 to 2018- is leading to careful scrutiny of product names by the SEC, Bloomberg reports, and at least two firms, Amplify and Reality Shares, appear to have been required to drop the term “blockchain” from… Read More

SEC and FINRA Schedule Broker Dealer “Outreach Program.” Will Discuss Digital Assets

The Securities and Exchange Commission (SEC) and Financial Industry Regulatory Authority (FINRA) have scheduled their 2019 National Compliance Outreach Program for Broker-Dealers. The event, taking place in Chicago, is designed to provide an open forum for regulators and industry professionals to discuss topics such as… Read More

Is the No Action Letter for TurnKey Jet a No-Action Non Event? Doug Ellenoff Comments on SEC Digital Asset Statement and STO Framework

Last week, the Securities and Exchange Commission (SEC) moved forward on clarifying their position regarding digital assets. First, a No-Action Letter (NAL) was released pertaining to the issuance of a token by TurnKey Jet. In a tightly defined issuance, Turnkey was deemed not to be… Read More

Long Anticipated, SEC Issues Framework & Guidance for Digital Assets

The Securities and Exchange Commission (SEC) has published a statement on the “Framework for ‘Investment Contract’ Analysis of Digital Assets” The public statement announcing the Framework was co-signed by Bill Hinman, Director of Division of Corporation Finance and Valerie Szczepanik, Senior Advisor for Digital Assets… Read More

SEC Issues First No Action Letter Regarding Tokenization of Digital Asset by TurnKey Jet that is NOT a Security

The Securities and Exchange Commission (SEC), Division of Corporate Finance, has issued its first No-Action letter pertaining to the issuance of a token that is considered not to be a regulated security. The response was engendered by a request by attorney James Curry, on behalf… Read More

Here is the Letter the SEC Sent to Investment Advisors Regarding Custody of Digital Assets

Last month, the Securities and Exchange Commission (SEC) forwarded a letter to the Investment Adviser Association requesting feedback on digital assets and custody. Beyond the public inquiry, the letter is indicative of the Commission’s ongoing interest and research into blockchain based securities. The letter from… Read More

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