In a recent and highly anticipated decision, a court in the Southern District of New York held that Ripple’s cryptocurrency token – XRP – is not inherently a security. In a setback to the SEC, the court also held that...more
7/31/2023
/ Coinbase ,
Cryptocurrency ,
Digital Assets ,
Enforcement ,
Howey ,
Investment ,
Investors ,
Popular ,
Ripple ,
Securities and Exchange Commission (SEC) ,
Summary Judgment ,
Token Sales ,
Unregistered Securities
Texas Governor Abbott has signed landmark legislation to ensure that digital asset service providers with Texas customers maintain adequate reserves and do not commingle customer funds with corporate assets. Texas...more
6/16/2023
/ Audits ,
Blockchain ,
Cryptoassets ,
Digital Assets ,
Effective Date ,
Financial Services Industry ,
Governor Abbott ,
Independent Audits ,
New Legislation ,
Pending Legislation ,
Popular ,
Reporting Requirements ,
Safeguards Rule ,
Sarbanes-Oxley
On January 26, Reuters reported SEC probes into registered investment advisers and their compliance with the custody rule for digital assets. Investment advisers should be ready to respond to any SEC inquiry and take the...more
On January 26, Reuters reported SEC probes into registered investment advisers and their compliance with the custody rule for digital assets. Investment advisers should be ready to respond to any SEC inquiry and take the...more
On February 9, 2022, the Securities and Exchange Commission (SEC) proposed new rules and amendments under the Investment Advisers Act of 1940 (Advisers Act) to enhance the regulation of private fund advisers. The proposed new...more
If you are a securities industry participant seeking to engage in digital asset-related activities, it is time to develop and enhance your compliance practices, says a risk alert by the SEC’s Division of Examinations. ...more
3/3/2021
/ Books & Records ,
Compliance ,
Custody ,
Digital Assets ,
Disclosure Requirements ,
Investment Adviser ,
Investment Company Act of 1940 ,
Portfolio Managers ,
Registration ,
Securities ,
Securities and Exchange Commission (SEC)
This coming year will have a revamped ADV with some new requirements. A significant new consideration is the challenges that new cryptocurrencies and other digital assets present for investment advisers and their compliance...more
Beginning October 1, 2017, investment advisers filing Form ADV with the Securities and Exchange Commission (the “SEC”) must file using the amended form adopted by the SEC on August 25, 2016 (the “Amended Form ADV”). According...more
Bitcoin is the first blockchain or distributed ledger technology (“DLT”) to successfully solve a problem succinctly described by Marc Andreessen: “Bitcoin gives us, for the first time, a way for one Internet user to transfer...more
It’s official. The Department of Labor’s final conflict of interest regulation became applicable on June 9, 2017. Despite the consternation leading up to the issuance of this rule and the expectations of many that the rule...more