As previously discussed, in addition to the State Regulations and FinCen Rulings pertaining to Digital Assets and Cryptocurrencies, there are a host of other federal agencies with regulations that affect the industry. The Internal Revenue Service (“IRS”) determines how Digital Assets and Cryptocurrencies are taxed and the Commodity Futures Trading Commission (“CFTC”) has oversight regarding
SEC
SEC Proposes Conditional Exemption from Broker Registration Requirements for Finders Assisting Small Businesses with Capital Raising Efforts
Easing of restrictions may be on the way for smaller issuers seeking to rely on “finders” to assist with their capital raising efforts. On October 7, 2020, the U.S. Securities and Exchange Commission (the “SEC”) proposed a new limited, conditional exemption from broker registration requirements of Section 15(a) of the Securities Exchange Act of 1934…
SEC Expands Definition of Accredited Investor
On August 26th, the Securities and Exchange Commission (“SEC”) adopted amendments to the “accredited investor” definition in Rule 501(a) of Regulation D, a key determinant for eligibility to invest in unregistered securities.
The amended definition expands access to private capital markets to a broader swath of potential investors, such as “knowledgeable employees” (with…
A Summary of the SEC’s Director of Corporation Finance Speech on Cryptocurrencies
On June 14, 2018, the SEC’s Division of Corporation Finance Director, William Hinman, gave a speech titled “Digital Asset Transactions: When Howey Met Gary (Plastic).” This speech provides additional insight into the SEC’s view as to whether cryptocurrencies and initial coin offerings (“ICOs”) are securities. Here is a summary:
In his speech, Hinman…
Blockchain and Cryptocurrency: Recent Legal and Regulatory Developments
The first two weeks in March 2018 have seen a number of developments with respect to the regulation of cryptocurrencies in the United States.
Regulation of Online Cryptocurrency Trading Platforms
On March 7, 2018, the Securities and Exchange Commission (“SEC”) issued a release addressing the regulation of online trading platforms (or exchanges) on which investors…