News & Analysis as of

Alternative Trading System (ATS) Decentralized Finance (DeFi)

WilmerHale

Potential Impact of the SEC’s Rulemaking Agenda on Crypto

WilmerHale on

The current SEC administration has expressed the view that most crypto assets are offered and sold as securities and has proposed several rules that address “digital asset securities” or “crypto asset securities.” In this...more

BCLP

Stumbling Block? What is the Path Ahead for DeFi Through the Eyes of Policymakers?

BCLP on

DeFi development carried quietly on throughout 2023, but DeFi protocols also faced significant hurdles. In the US, the Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) increased their...more

Goodwin

SEC’s ATS Re-proposal Doubles Down on DeFi and Digital Asset Regulation

Goodwin on

In April 2023, the SEC re-proposed amendments to Exchange Act Rule 3b-16 to expand the definition of what it means to be an exchange. When the SEC initially proposed these amendments in January 2022, there were zero direct...more

Morrison & Foerster LLP

The SEC Redefines “Exchange”: An Act in Three Parts

On April 14, 2023, the Securities and Exchange Commission (SEC) reopened the comment period on proposed amendments to Rule 3b-16 under the Securities Exchange Act of 1934 (the “Exchange Act”) (the “Amendments”). The...more

Womble Bond Dickinson

SEC Proposes to Redefine “Exchange” - New Definition Could Subject Blockchain Crypto Platforms to SEC Regulation

Womble Bond Dickinson on

The Securities and Exchange Commission (“SEC” or “Commission”) has released a proposal to amend Exchange Act Rule 3b-16, Regulation ATS, and Regulation SCI. Criticized by SEC Commissioner Hester Peirce as “too wide-ranging”...more

Latham & Watkins LLP

Expanded Definition of “Exchange” and SEC Regulation of Crypto Platforms

Latham & Watkins LLP on

The amended definition could provide a new means for the SEC to regulate crypto platforms. We previously published a blog post on the set of proposed amendments (Proposal) issued on January 26, 2022, by the Securities...more

Eversheds Sutherland (US) LLP

SEC issues proposed rule that could reach cryptocurrency exchanges

On January 26, 2022, the US Securities and Exchange Commission (SEC) proposed a rule (Proposed Rule) amending - and significantly broadening - a rule that defines certain terms used in the statutory definition of “exchange.”...more

Goodwin

Federal Reserve Proposes New Supervisory Framework for Certain Holding Companies Engaged in Insurance Activities

Goodwin on

In This Issue. The Board of the Governors of the Federal Reserve (Federal Reserve) proposed a new supervisory framework for certain holding companies engaged in insurance activities; the Consumer Financial Protection Bureau...more

BCLP

Crypto Regulation by any Other Name

BCLP on

2022 was billed as the year regulation will descend on the cryptocurrency (“crypto”) and decentralized finance (“DeFi”) spaces. While it seems regulation may indeed be coming, it initially appears to be buried in lengthy...more

Goodwin

SEC Proposes Rules That Could Regulate DeFi, Extend to Aspects of Centralized Crypto Exchanges

Goodwin on

On January 26, 2022, the SEC proposed rule changes that would greatly expand the scope of Regulation ATS, the regulatory regime that governs alternative trading systems (“ATSs”). Applicability to the fixed income markets was...more

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