Tagged: guidance

NYDFS Superintendent Adopts Regulatory Guidance Regarding Listing of Digital Currencies

New York State Department of Financial Services (DFS) Superintendent Adrienne A. Harris issued guidance which adopts enhanced requirements for coin-listing and delisting policies of DFS-regulated virtual currency entities, “updating the prior framework issued by the Department in 2020.” Superintendent Harris stated: “This guidance continues the… Read More

Canadian Securities Regulators Publish Expectations for Investment Funds Holding Crypto-Assets

The Canadian Securities Administrators (CSA) recently published guidance to help fund managers understand and comply with securities law requirements for public investment funds holding crypto assets (public crypto asset funds). The guidance aims to provide “an overview of public crypto asset funds operating in Canada… Read More

IOSCO – BIS Publishes Guidance on Stablecoins

IOSCO or the International Organization of Securities Commissions and the Bank for International Settlements (BIS) – Committee on Payments and Market Infrastructures (CPMI) have published final guidance on stablecoins. The guidance follows a proposal for consultation in 2021. The publication is called a “major step… Read More

Canadian Securities Administrators Provides Guidance on Disclosure Regarding Crypto Assets

The Canadian Securities Administrators (CSA) has provided guidance on disclosure provided by issuers of crypto assets. The CSA is a group that represents provincial securities regulators. In Canada, there is no federal agency overseeing the securities sector. According to the CSA, in Canada, most crypto-asset… Read More

CFTC Announces Final Guidance on Delivery of Digital Assets

The Commodity Futures Trading Commission (CFTC) has “unanimously” approved final interpretive guidance concerning retail commodity transactions involving certain digital assets. Specifically, the guidance clarifies the CFTC’s views regarding the “actual delivery” exception to Section 2(c)(2)(D) of the Commodity Exchange Act (CEA) in the context of… Read More

Financial Action Task Force Says Stablecoins Pose Money Laundering and Terrorism Financing Threat

The Financial Action Task Force (FATF) stated on October 18 that stablecoins pose a money laundering and a terrorism financing threat to the world. The intergovernmental organization considers cryptocurrencies to be a “major strategic initiative.” In documents published following its latest meeting, the FATF noted… Read More

Switzerland: FINMA Re-Affirms Stringent Approach to Anti Money Laundering and Blockchain Technology

The Swiss Financial Market Supervisory Authority (FINMA) has published guidance as to the application of regulatory requirements for payments on the blockchain for financial services providers under FINMA supervision. Specifically, the guidance addresses anti-money laundering (AML) and know your customer (KYC) rules. In a release,… Read More

FinCEN Issues Guidance on Virtual Currencies, Posts New Advisory on Threats Associated with Misuse

The Financial Crimes Enforcement Network (FinCEN) today issued guidance entitled, Application of FinCEN’s Regulations to Certain Business Models Involving Convertible Virtual Currencies (CVC). FinCEN is the enforcement branch of the US Department of Treasury. The guidance issued today does not establish any new regulatory expectations…. Read More

When Does A “Digital Asset” Qualify As A Security? A Deeper Dive Into Recent SEC Guidance.

Here’s a question for all of you. Between coins, tokens, stamps, tickets, vouchers, and chips, which of these qualifies as a “security” under U.S. Securities laws? It’s actually a trick question, they all do! Well, technically speaking, they all could potentially qualify as securities. The… Read More

Financial Services Commission of Mauritius Issues Guidance on Security Token Offerings

The Financial Services Commission of Mauritius has issued guidance on security tokens as part of their “Fintech series.” The Guidance follows the regulator’s recognition of digital assets as a unique asset class for investors. In March, the FSC issued a brief statement clarifying that a… Read More

UK Financial Conduct Authority Issues Consultation on “Cryptoassets” Seeking to Provide Clarity on Regulatory Approach

The UK Financial Conduct Authority (FCA) issued a consultation today on the emerging “cryptoasset” sector of finance.  The UK is well known for its thoughtful regulatory approach when it comes to innovative new financial services and the final outcome will be watched with interest around… Read More

Swiss Financial Market Supervisory Authority Issues ICO Guidance

The Swiss Financial Market Supervisory Authority (FINMA) has published guidelines on initial coin offerings (ICOs). Switzerland, as many people know, is a hot bed of ICOs and cryptocurrency in general. Switzerland has recognized the newfound prominence in this sector of Fintech and has sought to… Read More

Monetary Authority of Singapore Publishes Guidance on Initial Coin Offerings

The Monetary Authority of Singapore (MAS) has published a document providing guidance on Initial Coin Offerings (ICOs). Entitled “a Guide to Digital Token Offerings,” the document seeks to clarify when an ICO is in fact a security, and thus regulated and the application of securities… Read More

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