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Cryptoassets

Skadden, Arps, Slate, Meagher & Flom LLP

UK FCA Publishes Consultation Paper on a Prudential Regime for Cryptoasset Firms

Published concurrently with Consultation Paper 25/14 (CP 25/14) on the proposals for stablecoin issuance and cryptoasset custody in the UK, Consultation Paper 25/15 (CP 25/15) sets out the UK Financial Conduct Authority’s...more

K&L Gates LLP

United States: SEC’s Division of Corporation Finance Clarifies That Participation in Certain Proof-Of-Stake Activities Does Not...

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On 29 May 2025, the SEC’s Division of Corporation Finance (the Division) issued a guidance statement (Statement) related to certain protocol staking activities. The Statement addresses the impact of federal securities laws on...more

Eversheds Sutherland (US) LLP

Dual registrant regulatory roundup - June 2025

Welcome to the Regulatory Roundup. Each month, Eversheds Sutherland Investment Services attorneys review significant regulatory developments (including notable rulemakings and guidance from securities regulators) from the...more

Morrison & Foerster LLP

SEC Concludes Certain Protocol Staking Activities Are Not Securities Offerings

On May 29, 2025, the Staff of the Division of Corporation Finance (the “Staff”) of the U.S. Securities and Exchange Commission (SEC) issued a statement[1] (the “Staking Statement”) concluding that certain protocol staking...more

Proskauer Rose LLP

Regulation Round Up - May 2025

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Welcome to the Regulation Round Up, a regular bulletin highlighting the latest developments in UK and EU financial services regulation....more

Mayer Brown Free Writings + Perspectives

SEC Division of Corporation Finance Statement on Certain Protocol Staking Activities

On May 29, 2025, the staff (“Staff”) of the Division of Corporation Finance of the U.S. Securities and Exchange Commission continued its recent pattern of issuing Staff guidance addressing cryptocurrency. The May 29 Staff...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK FCA Publishes Consultation Paper on Stablecoin Issuance and Cryptoasset Custody in the UK

Following the publication by HM Treasury of the draft legislation establishing a financial services regulatory regime for cryptoassets in the UK, on 28 May 2025 the UK Financial Conduct Authority (FCA) published Consultation...more

Walkers

Key considerations for Guernsey trustees when dealing with cryptoassets

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The world of cryptoassets continue to evolve at a breathtaking pace, with cryptocurrencies such as Bitcoin and Ether reaching unprecedented heights and capturing the attention of HNWIs. Recent surges in the value of these...more

Venable LLP

Venue Fatal in Crypto Fraud Case: An Important Legal Challenge Relating to Decentralized Platforms

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On May 23, 2025, the District Court for the Southern District of New York (SDNY) overturned a jury verdict against Mango Markets trader Avraham Eisenberg, granting a motion for judgment of acquittal based on venue...more

A&O Shearman

FCA consults on stablecoin issuance and custody of cryptoassets

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The UK Financial Conduct Authority (FCA) has published consultation paper CP25/14 (CP) on stablecoin issuance and cryptoasset custody, accompanied by an updated webpage. This follows the FCA's discussion paper published in...more

Nutter McClennen & Fish LLP

Nutter Bank Report: May 2025

The FDIC and OCC have rescinded policy statements adopted in 2024 that changed the ways each agency considered bank merger transactions and have reinstated their prior procedures for evaluating bank mergers. The FDIC on May...more

A&O Shearman

FCA consults on proposed prudential regime for cryptoasset firms

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The UK Financial Conduct Authority (FCA) has published consultation paper CP25/15 on its proposed prudential regime for cryptoasset firms, also accompanied by an updated webpage. This is intended to be read together with...more

Jones Day

Crypto Staking: SEC Staff Clarifies Non-Security Status for Certain Protocol Activities

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A May 29, 2025, U.S. Securities and Exchange Commission ("SEC") Division of Corporation Finance statement explains that "Covered Crypto Assets"—crypto tokens without any inherent rights to passive income, business enterprise...more

K&L Gates LLP

United States: SEC’s Division of Trading and Markets Issues Crypto Asset-Related FAQs (And Withdraws Previous Guidance)

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On 15 May 2025, the US Securities and Exchange Commission’s Division of Trading and Markets (Division) released Frequently Asked Questions (FAQs) clarifying how certain broker-dealer and transfer agency rules relate to crypto...more

Hogan Lovells

UK: FCA consults on a prudential regime for cryptoasset firms

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As part its ongoing programme of consulting on elements of the new regulatory regime for cryptoassets, the FCA has published Consultation Paper CP25/15: “A prudential regime for cryptoasset firms”, and is inviting feedback...more

Hogan Lovells

UK: FCA consults on stablecoin issuance and cryptoasset custody rules

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The UK’s Financial Conduct Authority (FCA) is consulting on draft rules relating to the issuance of stablecoins in the UK and on custody of cryptoassets. What has happened? On 28 May 2025, the FCA published a Consultation...more

Lowenstein Sandler LLP

SEC Staff Clarifies That Certain Staking Activities Are Not Securities

Protocol Staking Under the Federal Securities Laws - Historically, the SEC has taken issue with certain staking activities under the federal securities laws. The SEC previously alleged that staking-as-a-service programs...more

Katten Muchin Rosenman LLP

UK Financial Insights from Katten | Issue 22

UK Financial Insights from Katten is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds in the UK and Europe....more

Hogan Lovells

The Payments Newsletter including Digital Assets & Blockchain, May 2025

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Key developments of interest over the last month include: draft legislation to regulate BNPL credit in the UK (in contrast to the de-prioritising of enforcement of BNPL regulatory breaches in the US); final confirmation of UK...more

Lowenstein Sandler LLP

A Step Forward for Broker-Dealers and Transfer Agents Engaged in Crypto Asset Businesses

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The Staff noted that Securities Exchange Act (SEA) Rule 15c3-3(b) only applies to securities carried by a broker-dealer. Accordingly, if a broker-dealer carries non-security crypto assets (e.g., Bitcoin or Ether), a...more

Orrick, Herrington & Sutcliffe LLP

OCC clarifies crypto-asset activities in interpretive letter

On May 7, the OCC clarified permissible activities for national banks and federal savings associations regarding crypto-asset custody and execution services by publishing Interpretive Letter 1184. This letter confirmed...more

Katten Muchin Rosenman LLP

SEC’s Division of Trading and Markets Issues New FAQ Guidance on Broker-Dealer Custody and Net Capital Treatment of Cryptoassets

The Securities and Exchange Commission (SEC) has taken a significant step toward permitting broker-dealers to custody digital assets and toward accounting for such proprietary digital assets in a broker-dealer’s net capital...more

Sheppard Mullin Richter & Hampton LLP

OCC Confirms Banks Authority to Offer Crypto Custody and Execution Services

On May 7, the OCC issued Interpretive Letter 1184, reaffirming that national banks and federal savings associations may provide cryptocurrency custody and execution services, including through sub-custodians. The OCC...more

Cooley LLP

Capital Markets Update – April 2025 One-Minute Reads

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Nasdaq policy recommendations - On March 31, Nasdaq announced the release of a comprehensive set of policy recommendations in a paper titled, “Advancing the U.S. Public Markets: Unlocking Capital Formation for a Stronger...more

Goodwin

Crypto-Assets: AMF Aligns with Six Sets of European Supervisory Guidelines under MiCA Regulation

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As part of the implementation of the European Markets in Crypto-Assets Regulation (MiCA), the French Financial Markets Authority (AMF) has announced its compliance with six sets of guidelines adopted by European Supervisory...more

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