In April 2023, the SEC re-proposed amendments to Exchange Act Rule 3b-16 to expand the definition of what it means to be an exchange. When the SEC initially proposed these amendments in January 2022, there were zero direct...more
10/12/2023
/ Alternative Trading System (ATS) ,
Blockchain ,
Comment Period ,
Compliance ,
Compliance Dates ,
Crypto Exchanges ,
Cryptoassets ,
Decentralized Finance (DeFi) ,
Digital Assets ,
Distributed Ledger Technology (DLT) ,
Financial Industry Regulatory Authority (FINRA) ,
Investment Contract ,
Proposed Amendments ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Regulation
On September 7, 2023, the Commodity Futures Trading Commission (CFTC) announced the settlement of three separate enforcement actions in the decentralized finance (DeFi) space: namely, concerning the Opyn protocol and its...more
9/19/2023
/ Blockchain ,
CFTC ,
Commodities ,
Commodity Exchange Act (CEA) ,
Decentralized Finance (DeFi) ,
Designated Contract Markets (DCMs) ,
Digital Assets ,
Enforcement Actions ,
Futures Commission Merchants (FCMs) ,
Regulatory Violations ,
Token Sales
The focus on enforcement has done little to clarify regulatory expectations regarding current facts and market practices.
The Securities and Exchange Commission (SEC) has used and continues to use enforcement actions as...more
On May 5, 2023, New York Attorney General Letitia James released a bill for consideration by the New York State Legislature that would implement comprehensive and far-reaching regulation of digital asset activities in the...more
5/17/2023
/ Brokers ,
Crypto Exchanges ,
Digital Assets ,
Digital Platforms ,
Disclosure Requirements ,
Financial Regulatory Agencies ,
Influencers ,
Investment Adviser ,
Listing Standards ,
Market Participants ,
NYDFS ,
Proposed Legislation ,
Proprietary Trading ,
Registration Requirement ,
Regulatory Agenda ,
State Attorneys General
On February 15, 2023, the Securities and Exchange Commission (SEC) released a proposed rulemaking (the Proposal) that would transform existing Rule 206(4)-2 (the Custody Rule) under the Investment Advisers Act of 1940 (the...more
On January 26, 2023, the International Swaps and Derivatives Association Inc. (ISDA), the leading trade organization for over-the-counter (OTC) derivatives markets, published the ISDA Digital Asset Derivatives Definitions...more