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FMLC Proposes New Rule on Governing Law for Digital Assets

Proposed rule would be implemented by statute and would give primacy to parties’ choice of governing law and jurisdiction. There is at least a tentative consensus in English law that cryptocurrencies and other digital...more

FCA Decision Offers More Regulatory Clarity for Professional Crypto Investors

Professional investors will benefit from increased exposure to cryptoassets via traditional financial instruments, though retail investors’ exposure remains limited. In the fast-paced world of cryptocurrency, regulatory...more

Rising Regulation of Fintech Innovation - Implications for PE Investments

Assertive regulators are bringing greater clarity and new challenges as they step up oversight of fintech innovation. As the fast-growing fintech industry thrives, the sector has begun to attract greater regulatory...more

UK to Regulate Cryptoasset Promotions

HM Treasury has confirmed that it will bring certain unregulated cryptoassets within scope of the financial promotions regime. On 18 January 2022, the UK government confirmed its intention to bring the promotion of certain...more

NFTs - A Digital Opportunity for PE Sponsors

Beyond creative works and consumer products, NFTs open up new avenues for IP monetisation in the technology, life sciences, and pharmaceutical industries. Non-fungible tokens (NFTs), one-of-a-kind cryptoassets stored on...more

ESG and Cryptocurrency: Considerations for Market Participants

For market participants pivoting toward ESG and digital assets, weighing the issues at the crossroads of these two megatrends is critical. The huge rise in popularity of Bitcoin - and the growing interest by mainstream...more

Crypto in the Crosshairs: What Regulatory Themes Characterized 2020? [Video]

Throughout 2020, cryptocurrencies experienced incremental progress towards the mainstream as institutional investors and financial institutions made positive statements about the nascent asset class, an increasing number of...more

Crypto-Asset Trading Platforms: Another Regulatory Trip Around the World

Crypto-asset trading is a fast-growing part of the financial sector. Some countries have wholeheartedly embraced crypto-assets; others have been reticent to permit widespread adoption. Generally, countries have interpreted...more

BoE Governor Speaks: Payments Firms Should Expect Regulatory Change

Andrew Bailey outlined what payments market participants can expect from regulators seeking to address financial stability risk in the world of payments, including as part of the rise and adoption of global stablecoins. On...more

Blockchain & Cryptocurrency Regulation 2020: United Kingdom

Although still actively developing, current UK policy thinking in relation to cryptocurrencies was set out by the UK Cryptoassets Taskforce in its Final Report (the “Taskforce Report”), published in October 2018. The...more

The G7 Draws a Line in the Sand for Global Stablecoins

Global monetary authorities and financial regulators have responded forcefully to the advent of privately developed global stablecoins. A new report highlights the risks of global stablecoins and enumerates the legal,...more

Will Regulatory Reform Make Cryptoassets the Next Buyout Boom for Private Equity?

Recent and upcoming regulatory guidance on cryptoassets and the regulation of companies engaged in digital currency, such as issuers, crypto-exchanges, crypto-custodians, crypto-brokers, and other service providers, could...more

A New Sheriff in Town? UK MPs Call for Regulation of “Wild West” Crypto-assets

The House of Commons Treasury Committee has published its recommendations for the regulation of crypto-assets in the UK. Key Points: ..The House of Commons Treasury Committee has proposed that the UK government should...more

UK Financial Services Regulators Warn Firms About Risks of Exposure to Crypto-assets

Both the FCA and the PRA have written to firms to warn about certain risks associated with exposures to crypto-assets, and to advise firms of the measures they should consider implementing to mitigate such risks. The FCA...more

Cryptocurrencies and Prepaid Cards Face Closer AML Regulation in the EU

New EU anti-money laundering measures have been approved by European legislators. The European Parliament and Council have finally signed off on the text of the fifth Anti-Money Laundering Directive (known as MLD5)....more

Are Your Employees Trading Bitcoin? Addressing Cryptocurrencies in Compliance Policies

How should broker-dealers, investment advisers, and other registered firms in the US, UK, and Hong Kong address cryptocurrencies in their compliance programs? Originally published on bloombergbna.com on April 16,...more

FCA Statement on Cryptocurrency Derivatives

FCA warns providers of cryptocurrency derivatives of their regulatory obligations. The UK Financial Conduct Authority (FCA) has issued a statement reminding businesses offering cryptocurrency derivatives of the requirement...more

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