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Financial Transactions Financial Instruments

Mayer Brown

Mexican Reform Regarding Electronic Negotiable Instruments

Mayer Brown on

On March 26, 2024, the President of Mexico published the reform passed by the Mexican Congress to the General Law of Negotiable Instruments and Credit Transactions (Ley General de Títulos y Operaciones de Crédito, “LGTOC”),...more

Holland & Knight LLP

Mexico Approves Bill Regarding Electronic Financial Transactions

Holland & Knight LLP on

The Mexican Congress has approved a bill regarding promissory notes, negotiable instruments and other financial transactions using electronic means. On March 26, 2024, a decree was published in the Official Journal of the...more

Jones Day

French Court Rules on Safe Harbor of Netting Agreements in Insolvency

Jones Day on

For the first time ever, a court in France has examined the compatibility of the statutory netting safe harbor with the French Constitution. The French High Court of Justice (Cour de cassation) addressed the preliminary...more

Cadwalader, Wickersham & Taft LLP

ABA Tax Section Comments on Proposed Crypto Broker Reporting Regulations

On December 20th, 2023, the American Bar Association Tax Section published detailed comments and recommendations (the “ABA Comments”) on the proposed crypto broker reporting regulations.  As discussed here, the New York State...more

Cadwalader, Wickersham & Taft LLP

Treasury Cries “Uncle” to Crypto Industry: Crypto Reporting Delayed

On January 16th, the IRS published Announcement 2024-4 (the “Announcement”), postponing certain reporting requirements for large crypto transactions which were set to go into effect for the 2024 tax year.  Persons engaged in...more

Cadwalader, Wickersham & Taft LLP

ISDA Publishes Updated General Disclosure Statement for Transactions

In 2013, the International Swaps and Derivatives Association (“ISDA”) started publishing the General Disclosure Statement for Transactions document (“General Disclosure”) with annexes containing disclosures of risks that are...more

Hogan Lovells

L’exception au principe de la révision pour imprévision confirmée en matière de cession d’actions

Hogan Lovells on

A l’occasion d’une décision rendue le 26 mai 2023 sur une question prioritaire de constitutionnalité (« QPC »), le Conseil constitutionnel a confirmé la constitutionnalité de l’article L. 211-40-1 du code monétaire et...more

Hogan Lovells

Confirmation of the exception to the principle of revision for unforeseen circumstances in the context of the sale of shares

Hogan Lovells on

In a ruling of 26 May 2023 on a Priority Question of Constitutionality (“QPC”), the French Constitutional Council upheld the constitutionality of article L. 211-40-1 of the French Monetary and Financial Code, as amended by...more

Cadwalader, Wickersham & Taft LLP

The Crypto Industry Is Talking Tax, and the Senate Is Listening

On June 7, 2022, U.S. Senators Kirsten Gillibrand (D-NY) and Cynthia Lummis (R-WY) introduced the Lummis-Gillibrand Responsible Financial Innovation Act (the “Act”), a comprehensive legislative scheme for the regulation of...more

Jones Day

California Governor Orders Agencies to Create Transparent Regulatory Framework for Blockchain and Digital Assets

Jones Day on

California's governor issued an executive order requiring state agencies, led by the Department of Financial Protection and Innovation, to create a "transparent" regulatory framework for blockchain technologies and digital...more

Cadwalader, Wickersham & Taft LLP

U.S. Executive Order on Crypto Assets Sets Policy Objectives

On March 9, 2022, President Biden signed an executive order outlining the administration’s policy objectives with respect to cryptocurrencies and directs U.S. regulatory agencies to prepare various reports regarding...more

Dechert LLP

A U.S. Central Bank Digital Currency? The Federal Reserve Opens the Discussion

Dechert LLP on

The Board of Governors of the Federal Reserve on January 20, 2022, published a discussion paper (the “Paper”) concerning the possibility of creating a central bank digital currency (“CBDC”). The Paper discusses the uses,...more

Manatt, Phelps & Phillips, LLP

Crypto Reporting Rules in the Biden Infrastructure Deal

The Infrastructure Investment and Jobs Act (the Act), H.R. 3684, commonly referred to as the infrastructure bill, was signed into law by President Biden on November 15, 2021. ...more

Proskauer - Blockchain and the Law

UK Financial Conduct Authority Consults on Its Financial Promotion Rules for Cryptoassets and Other High-Risk Investments

On 19 January 2022, the UK Financial Conduct Authority (“FCA”) published a consultation paper (CP22/2) (the “Consultation”) setting out its proposals to strengthen its financial promotion rules for high-risk investments...more

Jones Day

Pre-Enforcement Challenges—A Vital Tool for Regulated Parties in the United States

Jones Day on

The digital asset industry has now met the regulatory state. Those interested in building digital asset businesses that operate in the United States thus need to be aware of a vital tool for resisting regulatory overreach by...more

Holland & Knight LLP

Mexico's Bill to Strengthen Electronic Financial Transactions Nears Approval

Holland & Knight LLP on

The Mexican Senate voted on May 6, 2021, to approve a bill to reform various provisions of the General of Negotiable Instruments and Credit Transactions (Ley General de Títulos y Operaciones de Crédito or LGTOC), the Federal...more

K2 Integrity

Shift to Open Account Trade Highlights Evolving Risks in the Maritime Sector

K2 Integrity on

In recent years, importers, exporters, and their financial institutions have shifted away from traditional, document-based trade finance instruments and toward non-documentary, “open account” settlement through clean wire...more

The Volkov Law Group

BitMEX Trading Exchange Earns Criminal and Civil Prosecution for AML Violations

The Volkov Law Group on

We all have been following the rapid growth of cryptocurrency and the creation of lucrative trading platforms.  Cryptocurrency has earned the scrutiny of regulators and criminal prosecutors – not for run-of-the-mill fraud...more

Orrick, Herrington & Sutcliffe LLP

CFTC Enforcement Actions and Decisions of Note: CFTC Begins AML Enforcement

The CFTC recently joined the host of other federal and state regulators who enforce anti-money laundering laws, by bringing three cases finding violations of CFTC Regulation 42.2. Regulation 42.2 requires futures commission...more

Polsinelli

BitBlog Bi-Weekly Update - March 2020

Polsinelli on

Strikeout for Bitcoin ETF -   Another ETF bites the dust. On February 26th the SEC rejected the application of NYSE Acre for the approval of an exchange traded fund sponsored by the New York firm of Wilshire Phoenix to...more

Kramer Levin Naftalis & Frankel LLP

SEC Clarifies Rules, Enforcement Approach on Digital Assets

Amid increasing enforcement activity with respect to cryptocurrencies, coins and tokens, the SEC recently issued guidance intended to provide clarity to the markets. ...more

Stinson - Corporate & Securities Law Blog

Crypto Mom Warns SEC of Over Expansive Definition of Howey in Token Offerings

SEC Commissioner Hester M. Peirce was awarded the nick name “Crypto Mom” by digital asset aficionados in a previous speech encouraging forward thinking by the SEC in the regulation of tokens and initial coin offerings....more

Kramer Levin Naftalis & Frankel LLP

France Adds the Missing Piece to the Law Allowing Blockchain Technology to be Used to Register and Transfer Unlisted Securities

The notion of distributed ledger (formally denominated “shared electronic recording system, or DEEP in French) was first introduced to French law in 2016 by Ordinance No. 2016-520 of April 28, 2016 (the “Minibon...more

Foodman CPAs & Advisors

¿Qué es un evento tributable en la moneda virtual?

Sigue habiendo dirección limitada del Tesoro de los EE.UU y el IRS sobre la Moneda virtual (MV) y los inversionistas de la MV deben proceder con cautela....more

Burr & Forman

Massachusetts District Court Finds Virtual Currencies Are Commodities

Burr & Forman on

In Commodity Futures Trading Commission v. My Big Coin Pay, Inc., — F. Supp. 3d —, 2018 WL 4621727 (D. Mass. Sept. 26, 2018), the Massachusetts District Court determined that the Commodity Futures Trading Commission (“CFTC”)...more

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