In Short -
The Situation: France has had a registration and licensing process for digital assets service providers for over three years. The recent crisis with Terra Luna and FTX trading platform has made it clear to...more
In Short -
The Situation: Regulatory "sandboxes" are trending. They represent a unique approach to regulation that permits selected companies to test and experiment with new and innovative products and services....more
The Situation: On January 4, 2021, the Office of the Comptroller of the Currency ("OCC") issued an Interpretive Letter permitting national banks and federal savings associations ("Banks") to participate in independent node...more
1/19/2021
/ Banking Sector ,
Cryptoassets ,
Cryptocurrency ,
Digital Assets ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Services Industry ,
FinCEN ,
Interpretive Letters ,
OCC ,
Popular ,
Securities and Exchange Commission (SEC) ,
Stablecoins
The Situation: The requirement for a paper-based note for issuing securities under the German law has been an obstacle for the use of security tokens in Germany. With the release of a draft bill (the "Bill") permitting the...more
The Situation: Following the enactment earlier in 2019 of new French legislation to regulate activities related to digital assets (including cryptocurrency but excluding tokenized securities), final regulatory provisions were...more
1/2/2020
/ AML/CFT ,
Cryptocurrency ,
Digital Assets ,
Financial Instruments ,
Financial Statements ,
France ,
Initial Coin Offering (ICOs) ,
Investment ,
New Legislation ,
Popular ,
Regulatory Oversight ,
Token Sales ,
Virtual Currency
The Situation: ICOs and digital assets have become a new phenomenon that has impacted many aspects of our modern economies and created an alternative way of financing for start-ups or small and medium-sized...more
5/29/2019
/ Anti-Money Laundering ,
Criminal Sanctions ,
Cryptocurrency ,
Digital Assets ,
Distributed Ledger Technology (DLT) ,
Enforcement Actions ,
Financial Instruments ,
France ,
Initial Coin Offering (ICOs) ,
Registration Requirement ,
Token Sales
The Court Decision: On September 25, 2018, the Higher Regional Court of Berlin held that bitcoins would not qualify as financial instruments for the purposes of the German Banking Act (Kreditwesengesetz, "KWG"), thus...more
11/1/2018
/ BaFin ,
Cross-Border Transactions ,
Cryptocurrency ,
Distributed Ledger Technology (DLT) ,
EU ,
German Banking Act ,
Germany ,
Initial Coin Offering (ICOs) ,
MiFID II ,
Securities Regulation ,
Token Sales
The Situation: Delayed by two months, the long-awaited bill of President Macron's government relating to economic reforms and simplification of companies' day-to-day operations was tabled to the Cabinet on June 22, 2018....more
7/2/2018
/ Capital Markets ,
Cryptocurrency ,
EU ,
Financial Collateral Directive (FCD) ,
Financial Institutions ,
Financial Markets ,
Financial Regulatory Reform ,
Financial Services Industry ,
Foreign Investment ,
France ,
Initial Coin Offering (ICOs) ,
President Macron ,
Privatization ,
Proposed Legislation ,
Regulatory Agenda ,
Risk Management ,
UK Brexit