News & Analysis as of

Securities and Exchange Commission (SEC) Digital Assets

Troutman Pepper Locke

Troutman Pepper Locke Weekly Consumer Financial Services Newsletter – June 2025

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To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week....more

Katten Muchin Rosenman LLP

Can There be Only One? The CFTC Faces an Unprecedented Moment with Potentially One Commissioner

As commissioners continue to depart, the Commodity Futures Trading Commission (CFTC or Commission) may soon find itself in an unprecedented situation - operating with only one sitting commissioner. While the Commission has...more

Jones Day

Crypto Staking: SEC Staff Clarifies Non-Security Status for Certain Protocol Activities

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A May 29, 2025, U.S. Securities and Exchange Commission ("SEC") Division of Corporation Finance statement explains that "Covered Crypto Assets"—crypto tokens without any inherent rights to passive income, business enterprise...more

K&L Gates LLP

United States: SEC’s Division of Trading and Markets Issues Crypto Asset-Related FAQs (And Withdraws Previous Guidance)

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On 15 May 2025, the US Securities and Exchange Commission’s Division of Trading and Markets (Division) released Frequently Asked Questions (FAQs) clarifying how certain broker-dealer and transfer agency rules relate to crypto...more

Lowenstein Sandler LLP

SEC Staff Clarifies That Certain Staking Activities Are Not Securities

Protocol Staking Under the Federal Securities Laws - Historically, the SEC has taken issue with certain staking activities under the federal securities laws. The SEC previously alleged that staking-as-a-service programs...more

Morgan Lewis

SEC Roundtable on Tokenization: Technology Meets Regulation in the Evolution of Capital Markets

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The US Securities and Exchange Commission recently convened a public roundtable, Tokenization – Moving Assets Onchain: Where TradFi and DeFi Meet, the fourth in a five-part series hosted by its Crypto Task Force. The May 12...more

Paul Hastings LLP

SEC Chair Testifies That Digital Asset Regulation Is a Key Priority, Congress Advances Financial Reform Bills, and the CFTC...

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Recent legislative activity continued to shape the trajectory of U.S. crypto policy, even as Congress is out of session this week. Lawmakers advanced several financial reform bills before the recess, while federal regulators...more

Katten Muchin Rosenman LLP

SEC Signals Reevaluation of CAT Reporting Amid Broader Transparency and Regulatory Reform Efforts

Securities and Exchange Commission (SEC) Chairman Paul S. Atkins recently directed SEC staff to conduct a review of the Consolidated Audit Trail (CAT), focusing on the escalating costs, reporting requirements, and...more

Skadden, Arps, Slate, Meagher & Flom LLP

House Bill on Digital Asset Market Structure Would Significantly Change SEC’s Jurisdiction

On May 5, 2025, several House committees jointly released a discussion draft of a bill to establish a regulatory framework for digital assets. Notably, this proposed Act would clarify the jurisdictional boundaries between the...more

Mayer Brown

Key House Committee Chairs Release Draft Bill on Digital Asset Market Structure: Bill Would Establish CFTC/SEC Regulatory...

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On May 5, 2025, the Republican committee chairs in the US House of Representatives with jurisdiction over digital asset legislation released a digital asset market structure discussion draft bill (the “Discussion Draft”). The...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – May 2025

Key Points - - The SEC’s Crypto Task Force acknowledges past hostility toward digital assets and aims to create more sensible regulations. - Tokenized securities face complex regulatory challenges, including compliance...more

Latham & Watkins LLP

The LathamTECH Podcast — Where Digital Assets Slot Into a Shifting Fintech Regulatory Landscape: Insights From the US, UK, and EU

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The global fintech industry finds itself experiencing a sea change. The US seems on the cusp of regulatory changes, as the Securities and Exchange Commission shifts its attitude toward digital assets under a new...more

Morgan Lewis

SEC Issues FAQs on Broker-Dealer Crypto Asset Activities, Transfer Agent Blockchain Use

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The Staff of the Division of Trading and Markets of the US Securities and Exchange Commission issued on May 15, 2025 responses to Frequently Asked Questions Relating to Crypto Asset Activities and Distributed Ledger...more

BakerHostetler

US Financial Regulators Chart New Path Forward for the Crypto Industry

BakerHostetler on

On April 24, the Federal Reserve withdrew its prior guidance for banks related to their crypto-asset and dollar token activities and also announced related changes to its expectations for these activities....more

Latham & Watkins LLP

SEC Staff Withdraws Statement on Broker-Dealer Custody of Digital Asset Securities and Issues Crypto FAQs

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The Staff’s most recent actions continue to set the stage for notice-and-comment rulemaking long-awaited by the digital asset industry....more

Lowenstein Sandler LLP

Crypto Brief - Lowenstein Crypto Newsletter - May 22, 2025

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On May 21, Congressman Tom Emmer (R-Minn.) reintroduced the Blockchain Regulatory Certainty Act (BRCA), which aims to provide regulatory clarity and enhance blockchain development in the United States. Specifically, among...more

Polsinelli

Blockchain+ Bi-Weekly; Highlights of the Last Two Weeks in Web3 Law: May 22, 2025

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The Polsinelli Blockchain+ team attended Consensus last week in Toronto, where a key takeaway was the increasing engagement by major traditional financial players with the blockchain industry, both through integrating the...more

WilmerHale

The First 100 Days and Beyond of the Trump 2.0 Administration: Crypto Developments Overview

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The Trump administration recently reached the 100-day mark, representing the end of a critical period for presidential administrations where major policies and goals are initially established....more

Morrison & Foerster LLP

Charting a New Course for Digital Asset Securities

On May 15, 2025, the Division of Trading and Markets (the “Division”) of the U.S. Securities and Exchange Commission (SEC) and the Office of General Counsel of the Financial Industry Regulatory Authority, Inc. (FINRA)...more

Mayer Brown Free Writings + Perspectives

SEC Division of Trading and Markets Releases FAQs on Crypto Asset Activities and Distributed Ledger Technology; 2019 Joint Staff...

On May 15, 2025, the staff of the Securities and Exchange Commission (“SEC”) Division of Trading and Markets (the “Staff”) published responses to certain frequently asked questions (“FAQs”) relating to crypto asset activities...more

Katten Muchin Rosenman LLP

SEC’s Division of Trading and Markets Issues New FAQ Guidance on Broker-Dealer Custody and Net Capital Treatment of Cryptoassets

The Securities and Exchange Commission (SEC) has taken a significant step toward permitting broker-dealers to custody digital assets and toward accounting for such proprietary digital assets in a broker-dealer’s net capital...more

Eversheds Sutherland (US) LLP

SEC publishes broker-dealer and transfer agent crypto custody guidance

On May 15, the SEC staff provided guidance to SEC-registered broker-dealers and transfer agents on how they can custody and recordkeep digital assets. According to the guidance, non-securities are not subject to the...more

Goodwin

Crypto Regulatory Framework Begins to Take Shape in Congress

Goodwin on

The discussion draft of a new crypto market infrastructure bill proposes a new regulatory framework based on shared jurisdiction between the CFTC and SEC, expanded CFTC authority, and new SEC exemptions for token sales and...more

Lowenstein Sandler LLP

Crypto Brief - Lowenstein Crypto Newsletter - May 15, 2025

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On May 15, the SEC withdrew the joint statement previously issued by the Division of Trading and Markets and the Financial Industry Regulatory Authority, Inc. (FINRA) regarding broker-dealer custody of digital asset...more

Sheppard Mullin Richter & Hampton LLP

Chairman Atkins Outlines SEC’s New Roadmap for Crypto Reform

In a May 12, 2025 Keynote Address before the U.S. Securities and Exchange Commission (“SEC”) Crypto Task Force’s fourth industry roundtable on digital assets, newly-minted Chair Paul Atkins laid out a sweeping vision for...more

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