News & Analysis as of

Digital Assets Proposed Amendments

Cadwalader, Wickersham & Taft LLP

TriBar Releases Report on Digital Asset Opinions under UCC Article 12

The official drafting committees of the Uniform Commercial Code have promulgated proposed amendments (the “2022 Amendments”) to address transactions with certain digital assets, notably adding a new Article 12 on Controllable...more

Lathrop GPM

Digital Assets as Collateral Under the Uniform Commercial Code

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In 2019, the American Law Institute (“ALI”) and Uniform Law Commission (“ULC”) began developing amendments to the Uniform Commercial Code (“UCC”) to adapt to the changing landscape of transactions involving digital assets,...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

Barnea Jaffa Lande & Co.

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

Proskauer - Blockchain and the Law

CFTC Acts to Ensure Covered Entities Are Considering Evolving Risks from Digital Assets and Other Technologies

In a post-FTX environment, several financial regulators are taking action to emphasize a policy of sound custody and disclosure practices and to better understand certain risks to protect customers in the event of an...more

Goldberg Segalla

FASB Seeking Comments on Proposed Amendments Regarding Digital Assets

Goldberg Segalla on

The Financial Accounting Standards Board (FASB) is seeking comments by Tuesday, June 6 on its newly proposed Accounting Standards Update (ASU). With the world of digital assets moving at lightning speed, the FASB’s...more

Perkins Coie

With Specific Focus on Crypto, SEC Revisits Proposed “Exchange” Definition Changes

Perkins Coie on

The U.S. Securities and Exchange Commission (the SEC or the Commission) voted on Friday, April 14, 2023, to reopen the comment period for previously proposed amendments to Rule 3b-16 under the Exchange Act of 1934 (the...more

Mayer Brown

The UCC Amendments and Their Impact on Negotiable Instruments in Trade Finance

Mayer Brown on

In its current form, the Uniform Commercial Code (“UCC”) does little to accommodate emerging technologies such as cryptocurrencies and non-fungible tokens.  In efforts to modernize and adapt the Uniform Commercial Code to...more

Harris Beach PLLC

Proposed UCC Amendments Set Guidelines for Security Interests in Digital Assets

Harris Beach PLLC on

Lenders looking to take security interests in digital assets, including cryptocurrency and non-fungible tokens (NFTs), may gain some certainty in the near future. The Uniform Commercial Code (UCC) sponsoring...more

Barnea Jaffa Lande & Co.

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

McGlinchey Stafford

Podcast: DeFi and Digital Assets: What do the UCC Amendments Mean for Business Transactions? [More with McGlinchey, Ep. 46]

McGlinchey Stafford on

Big changes are coming to the UCC, the Uniform Commercial Code, with regard to cryptocurrency and other digital assets. What will that mean to business transactions involving those digital assets going forward? In this...more

Dechert LLP

The UCC and Emerging Technologies: Proposed Amendments

Dechert LLP on

Emerging technologies, such as bitcoin, blockchain and non-fungible tokens (“NFTs”), have led to the creation of massive alternative investment vehicles, additional portfolio diversification as well as expansion of the...more

Latham & Watkins LLP

Responsible Financial Innovation Act Offers Clarity, Safeguards for Digital Assets - Taxation

Latham & Watkins LLP on

Latham & Watkins presents a blog series on the Responsible Financial Innovation Act, which was introduced in the US Senate on June 10, 2022, to create a framework for digital assets, cryptocurrency, and blockchain technology....more

Proskauer - Blockchain and the Law

Issuers of Digital Securities May Benefit from Proposed Changes to Regulation A

In March, the Securities and Exchange Commission (SEC) announced proposed rule amendments to “harmonize, simplify, and improve the exempt offering framework to promote capital formation and expand investment opportunities...more

Katten Muchin Rosenman LLP

Bridging the Week - March 2019 #3

Last week, J. Christopher Giancarlo promised a “workable” revised position limits proposed rule before he leaves as chairman of the Commodity Futures Trading Commission sometime this summer. Separately, the Securities and...more

Kramer Levin Naftalis & Frankel LLP

France Set to Enact the First Regulatory Framework for Crypto-asset Intermediaries

After allowing registration and transfer of unlisted securities through distributed ledgers in 2017 and drafting legislation for initial coin offerings (ICOs) earlier this year, France is contemplating the introduction of a...more

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