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The Money Market Reform in Israel is Underway

The Knesset approved a series of legislative amendments this past July designed to promote competition in the money market – money market mutual funds, deposits and government bonds (short-term loans maturing in less than one...more

Israel’s Money Laundering and Terror Financing Prohibition Authority Updates List of At-Risk Countries of the FATF

The international Financial Action Task Force (FATF) recently issued two announcements updating the list of countries and jurisdictions at high risk of money laundering, terrorist financing, and proliferation financing, and...more

Proprietary Trading and Global Regulation

In recent years, a new field called “prop trading” has emerged. It enables traders to trade financial products such as stocks, commodity bonds, cryptocurrencies, CFDs, and forex products without using their own money, but...more

MiCA and Reverse Solicitation

Non-EU or non-MiCA compliant entities that want to offer or provide crypto-asset services to clients in the EU must be aware of the newly drafted guidelines from the European Securities and Markets Authority (ESMA). The...more

The SEC Approves ETFs That Track Bitcoin

The US Securities and Exchange Commission (SEC) recently approved the applications of 11 asset and investment management firms to launch exchange-traded funds (ETFs) that track bitcoin on the spot market. This event heralds...more

SEC Signals Intent to Regulate NFTs

This past August, the US Securities and Exchange Commission took enforcement action against Impact Theory, a US media company that sold NFTs called “KeyNFTs.” It filed a second enforcement action shortly thereafter, against...more

Securities, Digital and financial assets: New Definitions

The Israel Securities Authority recently promulgated its revised legislative proposal addressing the applicability of securities laws to digital assets. The proposed legislation aims to determine how securities laws will...more

Crypto as a Security – Applying the Howey Test

A US court recently handed down a landmark ruling addressing the question of whether the crypto token XRP falls under the definition of “security”. The US court ruled that the same crypto token may be classified differently...more

In First, Arrangements Law Includes Extensive Reference to Digital Assets

As part of the Arrangements Law for the years 2023-2024, the Israeli government makes extensive reference to expanding and creating a regulatory infrastructure in the digital assets field. As part of the draft bill (also...more

Digital Assets or Securities?

The Israel Securities Authority is proposing to apply the same laws to digital assets as apply to financial assets, which are under the ISA’s supervision. The legislative amendments include revisions to definitions of the...more

2022: A Turbulent Year for the Cryptocurrency Sector

2022 was a turbulent year for the cryptocurrency sector, with one of the worst bear markets ever recorded and the collapse of several major cryptocurrency platforms. The breaking of Terra’s UST stablecoin peg caused a domino...more

Can DeFi use exempt a project from compliance?

Last August, the US Treasury Department sanctioned Torando Cash, a decentralized crypto mixing service. A month later, another US regulator, the CFTC, imposed a $250,000 fine on Ooki DAO, citing various regulatory violations,...more

New Draft Regulation on Financial Asset Service Providers

The Israeli Capital Market, Insurance and Savings Authority (CMISA) recently published drafts of two important circulars regulating financial asset service providers, including provisions regarding protection of virtual...more

Crypto Custody Services and Regulation – A Review

Institutional investors, corporations, exchanges, individuals, and crypto miners all have strong demand for crypto custody services, as provided by special market participants. These services intend to safeguard customers’...more

First US Indictment for NFT Insider Trading Offenses

A few days ago, the SEC has charged a former employee of OpenSea (the largest NFT marketplace) In the first-ever digital asset indictment. SEC charged him with wire fraud and money laundering in connection with a scheme to...more

Regulating Israeli Banks’ Provision of Services to Licensed Cryptocurrency Service-Providers

The Bank of Israel is proposing to regulate the provision of services to licensed cryptocurrency service providers (i.e., exchange platforms). The purpose of the proposal is to ensure banks are not able to sweepingly refuse...more

Do You Own Crypto? AML Order Also Applies to Digital Currencies

For the first time, companies providing virtual currency services will be required to comply with Israeli anti-money laundering provisions. This follows an amendment to the Prohibition of Money Laundering Order that recently...more

Financial Institutions Seek Involvement in Crypto Field

While Israel’s banks are in no hurry to accept the blockchain industry and are avidly trying to keep their distance from cryptocurrencies, this is not the case elsewhere. Recently, the major global securities, derivatives and...more

Dual-Listed Companies – Israeli Legal Liability for Reporting

The Tel Aviv District Court (Economics Department) recently handed down a ruling in the Ceragon Networks Ltd. case. The ruling states that dual-listed companies may face exposure to lawsuits based on the liability rules under...more

Rules and Conditions for SPAC Issuances in Israel

Over the past year, raising capital through SPACs (special purpose acquisition companies) has become a hot trend on Wall Street. A SPAC is a company with no business operations formed solely to raise capital through an IPO...more

Israel Securities Authority: Tokens may be classified as securities

The Israel Securities Authority recently established guidelines on when a cryptographic currency (token) is considered a security. The ISA determined that Kirobo tokens meet the definition of a security. This is primarily...more

Decentralized Finance (DeFi) –The Future of Finance?

The first cryptocurrency, Bitcoin, is still the most well-known application of blockchain. However, this technology has since rapidly evolved and expanded in many other areas. The initial hope with Bitcoin was to make both...more

Israel Securities Authority: Distributors May Be Liable for the Contents of a Prospectus

The Israeli Securities Authority has announced that distribution entities now may be liable for the contents of a prospectus.   In a staff position paper published in late July, the ISA changed the rules of the game in the...more

Israel: How to Identify Suspicious Use of Virtual Currencies

Prompted by the use of digital currencies to fund terror and other illegal activity, the Israel Money Laundering and Terror Financing Prohibition Authority has published a document aimed at assisting financial bodies and law...more

Libra 2.0 – From Global Currency to a Payment Method on Facebook’s Platform

After Libra, Facebook’s ambitious global digital currency venture, faced fierce resistance from regulators around the world, Facebook has announced “Libra 2.0.” The venture is set to undergo far-reaching changes that, on the...more

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