Tagged: securities and exchange commission

SEC Cautions Investors in Funds that Bet on Bitcoin Futures

The Securities and Exchange Commission, Division of Investment Management (IM) has issued a staff statement cautioning investors who purchase shares in mutual funds that have exposure to Bitcoin futures. According to the Staff statement, investors should understand that Bitcoin is a highly speculative investment and… Read More

Global Digital Finance Issues Statement in Support of Eliminate Barriers to Digital Innovation Act Sponsored by US Representatives Patrick McHenry

Global Digital Finance (GDF), a UK-based entity advocating on behalf of the digital asset (or crypto-asset) sector of Fintech, has posted a letter in support of the Eliminate Barriers to Digital Innovation Act of 2021 (HR 1602). The Act was sponsored by US Representative Patrick… Read More

GameStopped Hearing Part III: What’s Next for Policymakers?

Today was the 3rd, and perhaps final, hearing held by the House Committee on Financial Services regarding the GameStop (NYSE:GME) sage regarding short selling by traders chatting on Reddit. As most people are aware, investors on subreddits like Wallstreetbets, combined to drive the value of… Read More

SEC Commissioner Peirce Touts Ways to Improve Access to Capital Including Clarity Regarding Finders, an Update to Accredited Investors and a Micro-Exemption

Earlier today the SEC Small Business Capital Formation Advisory Committee held a meeting on facilitating access to capital to underserved segments of the country. As most people understand, small businesses and entrepreneurs drive the majority of job growth and wealth creation. While policies that encourage… Read More

SEC Director of Enforcement Alex Oh Resigns a Week After Being Appointed

A mere week after being announced as the new Director of the Division of Enforcement, Alex Oh has resigned for personal reasons, according to the Securities and Exchange Commission (SEC). Reportedly, Oh resigned due to a complication from a case that occurred while in private… Read More

Sellers Beware: Can NFTs Be Regulated Securities?

The sudden prevalence of Non-Fungible Tokens has raised important legal considerations for issuers and purchasers alike. While intellectual property rights remain essential, securities laws should not be overlooked. Non-Fungible Tokens, or “NFTs”, are digital assets with unique identifying characteristics that distinguish one from another.  Unlike… Read More

Finders: Is the SEC Finally Ready to Clarify this Cloudy Issue for Startups and Other Private Companies?

  In an effort to address an issue that has frustrated the business community for years, including startups, tech companies, and “finders,” the U.S. Securities and Exchange Commission (SEC) published a proposed conditional exemption for finders on October 7, 2020. Under the proposal, people (i.e.,… Read More

Gary Gensler Approved by Senate as Chairman of the SEC

In a floor vote yesterday, the US Senate approved the selection of Gary Gensler as the next Chairman of the Securities and Exchange Commission. The current SEC Commissioners joined in welcoming the new Chair stating: “A warm congratulations to Gary Gensler on his Senate confirmation… Read More

SEC Commissioner Peirce Pitches Token Safe Harbor Proposal Version 2.0

SEC Commissioner Hester Peirce has posted an update to her Token Safe Habor proposal. Back in February 2020, Commissioner Peirce revealed her proposal in an effort to create a regulatory environment that supported Fintech innovation while acknowledging the unique characteristics of digital assets. Since the… Read More

SEC Concludes Fraud Case Against Real Estate Crowdfunding Platform iFunding and Co-Founder

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The Securities and Exchange Commission (SEC) has obtained final judgment concluding the fraud case against real estate crowdfunding platform iFunding and defendant William C. Skelley. iFunding was an early entrant in the real estate crowdfunding market that issued securities under Reg D 506c, a new… Read More

Price of XRP Rises as Perception Improves of Ongoing Lawsuit Between Ripple and SEC

Back in December of 2020, the Securities and Exchange Commission (SEC) posted a complaint alleging that Ripple engaged in the sale of an unregistered security. The enforcement action included Christian Larsen, the company’s co-founder, executive chairman of its board, and former CEO, and Bradley Garlinghouse,… Read More

Cass Sanford from OTC Markets Comments on SEC Amendments that May Eliminate Public Quoting in Securities that Don’t Make Current Info Publicly Available

Cass Sanford, an Associate General Counsel who supports regulatory and policy-making initiatives at OTC Markets Group, notes that the US Securities and Exchange Commission’s (SEC) amendments to Rule 15c2-11 may eliminate public quoting in securities of issuers that don’t make current information “publicly available.” Sanford,… Read More

SEC Issues Statement on Select Issues Regarding SPACs

The Securities and Exchange Commission (SEC) has issued a statement addressing the hot SPAC market. Special purpose acquisitions companies or blank check firms have boomed in recent months. SPACs are viewed as an easier path for issuers to become a publicly-traded firm yet the rapid… Read More

Pushing Through the Fintech Frontier: Financial Regulators Poised to Expand Fintech and Cryptocurrency Oversight


President Joe Biden’s young administration is poised to deliver heightened – and perhaps unprecedented – regulatory scrutiny of the exploding Fintech industry.  The groundwork for a more active regulatory regime has been set over the course of the past decade.  Prior administrations harnessed existing enforcement… Read More

Gensler’s and Chopra’s Nominations to SEC and CFPB Move to Full Senate for Vote

Last week, the Senate Banking Committee voted to 14-10 to move forward with Gary Gensler’s nomination as the Chairman of the Securities and Exchange Commission. On the same day, the vote was taken on Rohit Chopra and his nomination as Director of the Consumer Financial… Read More

Overarching National-Level US Legislation Remains Ideal Way to Create Coherent Digital Asset Regulatory Framework, BitOoda Says

Despite a few weeks’ break from their regulatory assessments, the BitOoda team says it has been regularly monitoring the crypto industry and engaging in the ongoing advancement of the US regulatory landscape. BitOoda notes that the recent developments they’ve followed are: New York Attorney General… Read More

Congressman McHenry Sends Letter to SEC Urging Acting Chair to Move Forward on Update to Reg CF Rules

Congressman Patrick McHenry, the ranking member of the House Committee on Financial Services, has sent a letter to the Securities and Exchange Commission (SEC) urging them to move forward on improvements to Regulation Crowdfunding (Reg CF). The letter is addressed to SEC Acting Chair Allison… Read More

SEC Obtains Temporary Restraining Order and Asset Freeze Against Shawn C. Cutting Regarding Allegations of Digital Asset Fraud

The Securities and Exchange Commission (SEC) has filed an emergency action and obtained a temporary restraining order and asset freeze against Shawn C. Cutting. The SEC alleges that Cutting raised millions of dollars by falsely claiming to be a financial adviser with securities licenses, overstating… Read More

Jackson Mueller of Securrency Comments on Incoming SEC Chairman Gary Gensler

Last week the Senate Banking Committee held a confirmation hearing for Gary Gensler, the individual selected by President Biden to lead the Securities and Exchange Commission (SEC). Gensler is well known to Washington, DC having previously been Chairman of the Commodities Futures Trading Commission during… Read More

Where’s the Feedback? Commissioner Hester Peirce Wants More Comments for SEC’s Query on Digital Asset Custody

SEC Commissioner Hester Peirce nudged the crypto crowd a bit this week pointing out that feedback on the SEC’s request for comments on digital asset custody is paltry at best. Commissioner Peirce has long been noted for her support of innovation in financial services and… Read More

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