News & Analysis as of

Registration Requirement Digital Assets

Latham & Watkins LLP

SEC Staff Publishes Observations on Crypto Issuer Disclosures

Latham & Watkins LLP on

On April 10, 2025, the Securities and Exchange Commission’s (SEC’s) Division of Corporation Finance (the Staff) published a Statement on Offerings and Registrations of Securities in the Crypto Asset Markets (the Statement)....more

Falcon Rappaport & Berkman LLP

SEC’s New Staff Statement on Crypto Offerings and Registrations: What It Means for the Digital Asset Industry

On April 10, 2025, the SEC’s Division of Corporation Finance issued a staff statement (the “Statement”) titled “Offerings and Registrations of Securities in the Crypto Asset Markets.” This development underscores the...more

Carey Olsen

Ten things every VASP should know about the BVI Virtual Assets Service Providers Act, 2022

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The Virtual Assets Service Providers Act, 2022 (the “VASP Act”) came into force on 1 February 2023. The VASP Act regulates virtual asset service providers (“VASPs”) and requires that VASPs be registered with the BVI Financial...more

Winstead PC

Texas PUC Finalizes Registration Rule for Large Miners of Bitcoin and Other Virtual Currencies

Winstead PC on

The Public Utility Commission of Texas (PUC) has adopted 16 TAC § 25.114 (available here), requiring certain virtual currency mining facilities (VCMFs) to register as “large flexible loads” if they receive more than 75 MW of...more

Walkers

Global Legal Insights Fintech 2024: Jersey chapter

Walkers on

Financial technology is already well established in Jersey, and firms are embedding technological solutions which enhance their products and services, increase efficiencies, and provide greater transparency. Originally...more

Conyers

Virtual Asset Service Providers – CIMA Regulatory Policy

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The Cayman Islands Monetary Authority (“CIMA”) has issued a regulatory policy (the “Policy”) outlining the criteria for approving Registration or Licensing of Virtual Asset Service Providers (“VASPs”). The Policy applies to...more

King & Spalding

House Passes FIT21 – What does it say, and what does it mean for digital asset providers?

King & Spalding on

On, May 22, 2024, the U.S. House of Representatives passed H.R. 4763, Financial Innovation for Technology for the 21st Century Act (“FIT21”). The legislation was touted by the House Financial Services Committee’s Chairman,...more

Latham & Watkins LLP

The SEC’s Definition of a “Dealer” - End of the Road for DeFi, or Just Another Bump?

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The SEC’s ambiguous rule could have a chilling effect both on decentralized finance and on the provision of liquidity to centralized crypto exchanges. The Securities and Exchange Commission (SEC) adopted a new rule on...more

Latham & Watkins LLP

Digital Asset Market Structure Bill Seeks to Fill US Regulatory Gaps

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The proposed bill sets forth a comprehensive framework for the digital asset ecosystem by bridging regulatory gaps, promoting innovation, and protecting consumers. On June 2, 2023, Patrick McHenry, Chairman of the House...more

Vinson & Elkins LLP

Failure to Register: SEC Shows No Signs of Letting Up on Crypto

Vinson & Elkins LLP on

Cryptocurrency had a rocky 2022. Bitcoin, often touted as a hedge against inflation, lost nearly 65 percent of its value. FTX, one of the most popular and well-known platforms for trading crypto, declared bankruptcy. Its...more

Goodwin

New York CRPTO Bill Would Prohibit Many Digital Asset Activities and Impose Sweeping Market Structure Changes

Goodwin on

On May 5, 2023, New York Attorney General Letitia James released a bill for consideration by the New York State Legislature that would implement comprehensive and far-reaching regulation of digital asset activities in the...more

Goodwin

CFTC Attempts to Extend Liability to DAO Participants

Goodwin on

In a first of its kind enforcement action, the Commodity Futures Trading Commission (“CFTC”) is attempting to hold participating members of a decentralized autonomous organization (“DAO”) liable for alleged violations of the...more

Latham & Watkins LLP

Analysis: French Sanctions Regime for Digital Asset Service Providers and Token Issuers

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Various sanctions may apply against DASPs and token issuers that operate in France in contravention of applicable rules. France was a pioneer in establishing a legal framework for the regulation of digital assets and...more

Latham & Watkins LLP

Digital Commodities Consumer Protection Act Seeks to Empower CFTC

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The latest bipartisan crypto bill would give the CFTC new tools and authorities to regulate digital commodities, with a focus on market integrity and consumer protection. On August 3, 2022, a bipartisan group of US...more

Oberheiden P.C.

Tokenization Lawyer – 5 Reasons Why You Might Need One

Oberheiden P.C. on

What is Tokenization? Tokenization is the process of converting an asset into a token on the blockchain. It operates by dividing—or fractionalizing—the ownership of an asset (whether the asset is a piece of real estate or...more

Oberheiden P.C.

Security Token Offerings (STOs) For NFTs? – 5 Things You Should Know Before You Take the Plunge

Oberheiden P.C. on

STOs and NFTs - STOs stands for “security token offerings.” They involve an offering of digitalized securities such as stocks, bonds, or other token and coin projects. The difference between an IPO and an STO is that STOs...more

A&O Shearman

[Webinar] Enforcement trends in the digital asset space - March 3rd, 12:00 pm - 1:30 pm EST

A&O Shearman on

We are delighted to invite you to join our webinar taking place on Thursday, March 3 at 12:00 p.m.— 1:30 p.m. EST where we will be discussing the evolving U.S. enforcement priorities in the digital asset space. Our speakers...more

Proskauer - Blockchain and the Law

CFTC Issues Cease and Desist Order to Binary Options Operator Using Smart Contracts

On January 3, 2022, the Commodity Futures Trading Commission (the “CFTC”) entered an order charging Blockratize, Inc. (d/b/a Polymarket.com) (“Polymarket”) with offering off-exchange binary options contracts and failing to...more

Polsinelli

DAOsing Rods and the Power of Enforcement Prediction

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Thoughts on Recent SEC statements and Action on Enforcement Related to Decentralized Autonomous Organizations (DAO) - On November 10, 2021  the US Securities and Exchange Commission (the SEC) announced that it had halted...more

King & Spalding

FATF Releases Proposed Updates to Cryptocurrency Regulation Guidance

King & Spalding on

On March 19, 2021, the Financial Action Task Force (“FATF”), an intergovernmental body tasked with setting international standards aimed at preventing money laundering and terrorist financing (“FATF Standards”), released its...more

Eversheds Sutherland (US) LLP

Digital Assets: The SEC’s roadmap for distribution and exams

In the span of the last five months, the Securities and Exchange Commission (SEC) and its staff have issued two statements, a risk alert and an exam priorities roadmap, all of which address digital assets in full or in part....more

Foley & Lardner LLP

SEC Examination Risk Alert Signals Focus on Digital Asset Securities

Foley & Lardner LLP on

On February 26, 2021, the SEC’s Division of Examinations issued a Risk Alert signaling an exam focus this year on activities of investment advisers, broker-dealers, exchanges, and transfer agents related to Digital Asset...more

White & Case LLP

Mexican Government issues registration requirements to those who exchange and custody virtual assets

White & Case LLP on

On November 30, 2020, the Mexican Ministry of Finance ("SHCP") issued the list of requirements for registration of the persons and entities that offer, on a professional basis, the exchange and custody of virtual assets with...more

Ballard Spahr LLP

CFTC and DOJ Charge BitMEX and Executives With Illegally Trading in Digital Assets and Ignoring BSA/AML Requirements

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Incorporating in the Seychelles but Allegedly Operating in the U.S. Spells Trouble for Company and its Founders - The Bitcoin Mercantile Exchange, or BitMEX, is a large and well-known online trading platform dealing in...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

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