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SEC and CFTC Announce Joint 'Project Crypto' Initiative at Historic Harmonization Event

After years of regulatory turf wars and jurisdictional uncertainty, the Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) are signaling a new chapter in their relationship. SEC Chairman...more

SEC Issues Guidance on Tokenized Securities

On January 28, the Securities and Exchange Commission's (SEC) Divisions of Corporation Finance, Investment Management, and Trading and Markets jointly released a joint statement on tokenized securities (Staff Statement). The...more

Marketing Rule Relief for Investment Advisers: SEC Staff Clarifies Flexibility on Model Fees and SRO Disqualifying Events

On January 15, Staff from the Securities and Exchange Commission (SEC) published two new frequently asked questions (FAQs) related to the Marketing Rule under Investment Advisers Act Rule 206(4)-1. The new FAQs underscore the...more

Financial Markets and Funds Quick Take | Issue 46

Katten's Financial Markets and Funds Quick Take is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds....more

Confidential Treatment for Advisers Act Filings: Process Changes and Practical Takeaways

Investment advisers may request confidential treatment of certain information in Form ADV and other filings under the Investment Advisers Act of 1940 (Advisers Act), which currently only the Commission itself has the...more

FinCEN Finalizes 2028 Compliance Date for Adviser AML Programs

On December 31, 2025, the US Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) finalized a two‑year delay of the effective date for the anti-money laundering/counter-financing of terrorism (AML/CFT)...more

Defining Small: SEC Proposal Could Shift Regulatory Burdens for Advisers and Investment Companies

On January 7, the Securities and Exchange Commission (SEC) proposed amendments (the Proposal) to raise the small entity thresholds for purposes of the Regulatory Flexibility Act (RFA) for investment companies and advisers....more

SEC Clears Path for Tokenized Securities

In a flurry of activity, the Securities and Exchange Commission (SEC) has taken decisive steps to integrate blockchain technology into traditional securities market infrastructure. First, in a media appearance, Chairman Paul...more

Congratulations, CFTC Chairman Selig

Warm congratulations to the Honorable Michael Selig, who was confirmed by the Senate on December 18 as the 15th Chair of the Commodity Futures Trading Commission (CFTC or Commission). This key appointment builds on the...more

SEC Staff Issues Helpful Guidance on Custodying Digital Asset Securities and Complying with the Customer Protection Rule

On Wednesday, December 17, the SEC’s Division of Trading and Markets (Division) issued a helpful statement (the Statement) to clarify its views on how a broker-dealer can meet its obligation pursuant to paragraph (b)(1) of...more

Marketing Rule Under the Microscope: New SEC Exam Findings

The SEC's Division of Examinations' staff (Staff) issued a Risk Alert on December 16, highlighting additional observations on investment advisers’ compliance with the amended Marketing Rule (Rule 206(4)-1) under the...more

Financial Markets and Funds Quick Take | Issue 45

Katten's Financial Markets and Funds Quick Take is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds....more

GENIUS ACT – Banking Regulators Prepare to Publish Proposed Rules

As disclosed by recent comments during Congressional hearings, publication of proposed regulations by the federal financial regulators (including the Board of Governors of the Federal Reserve System, the Federal Deposit...more

State-Level Digital Asset Licensing: What to Watch as We Head Into 2026

California, Louisiana, and Illinois have established comprehensive crypto licensing frameworks that mirror New York’s BitLicense regime. With multiple rulemaking processes now established or soon-to-be adopted and critical...more

SEC Division of Examinations Releases Its 2026 Examination Priorities - A Return to Core Principles, with a Cooperative Tone

Delayed slightly by the recent government shutdown, the Division of Examinations (the Division) of the Securities and Exchange Commission (SEC) recently published its fiscal year 2026 examination priorities (the...more

Financial Markets and Funds Quick Take | Issue 43

From Enforcement to Empowerment: SEC Chairman Paul Atkins Charts a New Regulatory Approach for Digital Assets - SEC Chairman Atkins promoted a forward-looking regulatory agenda, emphasizing three interlocking priorities: (1)...more

SEC's Strategic Shift to Expand Retail Investors' Access to Private Assets Provides New Opportunities: An Overview and Key...

The Trump administration, including the Securities and Exchange Commission (SEC) leadership, has ushered in a push to "democratize" access to alternative investments. Speaking at an Investor Advisory Committee meeting on...more

SEC Chairman Paul Atkins Charts a New Regulatory Approach for Digital Assets

Securities and Exchange Commission (SEC) Chairman Paul S. Atkins promoted a forward-looking regulatory agenda centered on innovation, market competitiveness, and long-term predictability at the Futures and Derivatives Law...more

Breaking Barriers: SEC-CFTC Host Historic Harmonization Roundtable

In what the agencies are touting as “a new era of collaboration” and “a new day for US capital markets,” the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) held a historic joint...more

SEC Clears the Path for Listing Commodity-Based and Crypto ETPs

The Securities and Exchange Commission (SEC) approved proposed rule changes by multiple exchanges to adopt generic listing standards for Commodity-Based Trust Shares, including those that hold digital assets such as...more

Financial Markets and Funds Quick Take | Issue 42

Katten's Financial Markets and Funds Quick Take is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds....more

A Re-Set for Investment Management and Heavy Emphasis on Crypto Assets

The Securities and Exchange Commission (the SEC or the Commission) recently released its Spring 2025 Unified Agenda of Regulatory and Deregulatory Actions (the Agenda). While the Agenda appears undersized at 23 items compared...more

CFTC-SEC Joint Statement Signals Accelerated Path to US Spot Crypto Trading

The CFTC-SEC Joint Staff Statement on “Project Crypto–Crypto Sprint” (Joint Statement) lands in the middle of an already-active policy cycle. In July, the President’s Working Group on Digital Asset Markets delivered its White...more

Financial Markets and Funds Quick Take | Issue 41

Katten's Financial Markets and Funds Quick Take is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds....more

SEC Approves In-Kind Creation and Redemption for Crypto Exchange-Traded Products

The US Securities and Exchange Commission (SEC) approved the use of in-kind creation and redemption mechanisms for cryptocurrency exchange-traded product (ETP) shares on July 29.1 This move aligns crypto-based ETPs with...more

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