News & Analysis as of

Risk Management Cryptoassets Digital Assets

Orrick, Herrington & Sutcliffe LLP

FDIC no longer requires notification of crypto-related activities

On March 28, the FDIC announced new guidance allowing FDIC-supervised institutions to engage in permissible crypto-related activities without prior approval. This update, outlined in FIL-7-2025, rescinded the previous...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Advisors aren’t sold on Bitcoin

On whether to recommend Bitcoin and other digital assets for clients, financial advisers are wary about their fiduciary duty to clients, according to a CoinShares survey....more

Katten Muchin Rosenman LLP

SEC Clarifies Position on Proof-of-Work Mining: What It Means for Bitcoin and Beyond

The Securities and Exchange Commission's (SEC) Division of Corporation Finance issued a significant statement yesterday that certain proof-of-work (PoW) mining activities do not constitute securities offerings under federal...more

A&O Shearman

IOSCO publishes 2025 Work Program

A&O Shearman on

The International Organization of Securities Commissions (IOSCO) has published its 2025 Work Program, setting out its ongoing and planned initiatives for 2025. These include: (i) prioritising issues related to non-bank...more

A&O Shearman

ESAs publish guidelines on the standardised test for crypto-assets and templates for explanations and opinions under MiCAR

A&O Shearman on

The European Supervisory Authorities (ESAs) have published guidelines on: (i) a common approach for the regulatory classification of crypto-assets under the Markets in Crypto-asset Regulation (MiCAR); and (ii) templates for...more

Troutman Pepper Locke

OCC Clarifies Bank Authority to Engage in Certain Cryptocurrency Activities

Troutman Pepper Locke on

On March 7, the Office of the Comptroller of the Currency (OCC) issued a significant update regarding the involvement of national banks and federal savings associations in cryptocurrency activities. Interpretive Letter 1183...more

A&O Shearman

Wolfsberg Group FAQs to help assess risks generated by the emergence of digital assets for AML and CTF purposes

A&O Shearman on

The Wolfsberg Group has published FAQs on defining digital assets. The FAQs propose definitions to be used by financial institutions, policymakers, supervisors and regulators to understand the characteristics of digital...more

Hogan Lovells

Depositaries and capital management companies: Responsibilities in the Crypto Era

Hogan Lovells on

On 25 February 2025, the German Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht – BaFin) published a consultation paper outlining a circular that addresses the responsibilities of...more

Stikeman Elliott LLP

OSC Reviews Restricted Dealer Crypto Asset Trading Platforms

Stikeman Elliott LLP on

The Ontario Securities Commission (“OSC”) completed a focused compliance review of the know-your-client (“KYC”), account appropriateness assessment and Client Limit (as defined below) practices of crypto asset trading...more

Orrick, Herrington & Sutcliffe LLP

Brian Quintenz nominated to be CFTC Chairman

On February 11, the White House nominated Brian Quintenz to replace Caroline Pham as Chairman of the CFTC. He previously worked as the Head of Policy at a venture capital fund that invests in cryptoassets. Quintenz previously...more

Orrick, Herrington & Sutcliffe LLP

NYDFS warns against risks of sentiment-based cryptoassets

Recently, NYDFS published an industry letter to “all virtual currency business entities licensed under 23 NYCRR Part 200 or chartered as limited purpose trust companies under the New York Banking Law,” disclosing that it is...more

Ropes & Gray LLP

Updated SEC Staff Accounting Bulletin Rescinds SAB 121 Crypto Accounting Guidance

Ropes & Gray LLP on

On January 23, 2025, President Trump signed an executive order titled Strengthening American Leadership in Digital Financial Technology (Crypto EO), which addressed a variety of crypto-related topics to the great relief of...more

A&O Shearman

European Banking Authority consults on draft technical standards on the prudential treatment of crypto-assets exposures

A&O Shearman on

The European Banking Authority has published a consultation paper on its draft Regulatory Technical Standards on the calculation and aggregation of crypto-exposure values under the Capital Requirements Regulation 3...more

Ballard Spahr LLP

PLI Anti-Money Laundering Conference to Address Key Issues in BSA/AML (UPDATED)

Ballard Spahr LLP on

I am very pleased to co-chair again the Practicing Law Institute’s 2024 Anti-Money Laundering Conference on May 23, 2024, starting at 9 a.m. in New York City (the event also will be virtual).  I am also really fortunate to be...more

American Conference Institute (ACI)

[Event] 29th Annual Flagship Conference on Regulatory Compliance for Financial Institutions - November 21st - 22nd, Toronto, ON,...

Don’t miss the opportunity to gain valuable insights from industry experts at Canadian Institute’s Annual Flagship Conference on Regulatory Compliance for Financial Institutions. This event will equip you with strategies to...more

Proskauer - Blockchain and the Law

U.S. Senate and House of Representatives Introduce Competing Crypto Regulation Bills

On July 12, 2023,  U.S. Senators Cynthia Lummis (R-WY) and Kirsten Gillibrand (D-N.Y.) proposed a revised version of their previously introduced crypto regulation bill to create better safeguards for the crypto industry...more

Walkers

Central Bank Updates its Q&A on Digital Assets for QIAIFs

Walkers on

On 4 April 2023, in a welcome development the Central Bank of Ireland (the "Central Bank") updated its AIFMD Q&A (47th edition) to increase the investment limits for qualifying investor alternative investment funds ("QIAIFs")...more

Orrick, Herrington & Sutcliffe LLP

Agencies warn banks of crypto-asset liquidity risks

On February 23, the FDIC, Federal Reserve Board, and OCC released a joint statement addressing bank liquidity risks tied to crypto-assets. The agencies warned that using sources of funding from crypto-asset-related entities...more

Proskauer - Blockchain and the Law

Custodia Bank Is, Once Again, Asking for a Federal Reserve Master Account

On December 12, 2022, Custodia Bank (“Custodia”) – a state-chartered, digital asset-focused bank based in Wyoming – was denied its motion for a default judgment in its battle with the Federal Reserve Board of Governors (the...more

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