Regulations
The latest regulatory changes, updates, and decisions impacting the alternative investment sector.
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In an announcement today the Securities and Exchange Commission deferred its decision on the application by the Cboe BZX Exchange on March 1, 2021, to list shares of the VanEck Bitcoin Trust through a proposed rule change.
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More Stories on Regulations
Artificial Intelligence: The European Commission Declares Its Regulatory Approach To AI
The European Commission (EC) on Wednesday set forth new rules and actions for governing AI with the twin objectives of guaranteeing the safety and fundamental rights of people and businesses while strengthening AI uptake, investment, and innovation across the EU.
Artificial Intelligence: Leaked EU Draft Shows Strict Proposals Against Misuse Of AI
A draft set of proposals obtained by Bloomberg shows that the EU could fine AI and tech companies as much as 4% of global revenue if they fall foul of the EU’s new norms for the use of AI. Further, these proposals include a ban on AI-powered mass surveillance or systems that rank social behavior.
Digital Assets: India Plans To Criminalize Crypto-Assets (Reuters)
A Reuters report today, which quoted a senior Indian government official, said India plans to outlaw cryptocurrencies such as bitcoin, making anyone trading or holding them punishable with fines.
Digital Assets: Ripple Refutes The SEC’s Charges In 100-Page Reply
Ripple claims XRP is a virtual currency, not a security, and the SEC has no authority to regulate it as one. Ripple Labs on Thursday filed its answer to the complaint by the US Securities and Exchange Commission that ripples distributions of XRP constituted investment contracts and were subject to registration under the Securities Act…
Alternative Investments/Digital: CBOE Ignites Bitcoin ETF Hope; Files To List VanEck’s BTC ETF
The pressure is now building upon the SEC for approving a bitcoin ETF. Shortly after the Canadian regulators approved two bitcoin ETFs, the Chicago Board Options Exchange (CBOE) has notified the US SEC of its intention to list the BTC ETF from investment management firm VanEck and its Bitcoin Trust.
Digital Assets: South Korean Central Banker Engages In Bitcoin Bashing
Bank of Korea Governor Lee Ju-yeol, when speaking at a parliamentary session on Wednesday, said crypto-assets such as bitcoin had no intrinsic value and were victim to highly volatile price swings.
Alternative Investments/Digital Assets: Valkyrie Joins The Race To Launch A Bitcoin ETF
Valkyrie Digital Assets LLC, a wholly-owned subsidiary of Valkyrie Investments Inc., has thrown its hat in the ring to obtain SEC approval for the launch of a bitcoin ETF. On Friday, Valkyrie submitted its application to the regulator for the “Valkyrie Bitcoin Fund,” to be listed on the New York Stock Exchange.
FinTech: China Tightens Antitrust Regulatory Screws On Fintechs
The People’s Bank of China published a draft set of rules on Wednesday for anti-trust regulation of the non-bank payment providers in the fintech sector. The draft is in the public opinion domain until February 19.
FinTech: China Mounts Anti-Trust Probe Into Alibaba In Regulatory Crackdown
China’s State Administration for Market Regulation (SAMR) announced Thursday an investigation into Alibaba’s (NYSE: BABA) allegedly monopolistic practice of barring its merchants from selling on competing e-commerce platforms. Merchants must agree to sell their products only on the behemoth’s online shopping platform.
Digital Assets: SEC Has Ripple In The Dock; Garlinghouse Fires Back
The SEC on Tuesday charged Ripple and two executives for raising over $1.38 billion via an unregistered securities offering.
The SEC filed the complaint in the federal district court in Manhattan alleging that the defendants violated the registration provisions of the Securities Act. It prayed for injunctive relief, disgorgement with prejudgment interest, and civil penalties. The two executives named in the complaint are Christian Larsen, Ripple’s co-founder, executive chairman of its board, and former CEO; and Bradley Garlinghouse, the company’s current CEO.
FinTech: Large Chinese Fintechs Stop Taking Online Deposits For Banks
On Friday, the Jack Ma-controlled Ant Group’s Alipay platform, which offers an impressive array of financial products to its customers, removed online deposits that it was accepting on behalf of several banks. The reason – regulatory restrictions.
Digital Assets: Clayton’s Parting Shot At Crypto – SEC To Sue Ripple
The SEC will likely sue Ripple, CEO Brad Garlinghouse, and co-founder Chris Larsen, according to Fortune. The SEC will charge the defendants for selling XRP tokens, which it alleges are unlicensed securities. XRP ranks third in the pecking order of cryptocurrencies with a market cap of $23 billion. The SEC would make the case that XRP is a security and it needed to be registered as an investment contract prior to its sale.
FinTechs: Call For Regulating Australian Buy-Now-Pay-Later Fintechs
In an article titled “Fintech Risk in 2021,” Halverson warns of heightened fintech risk in 2020 following free central bank “helicopter” money, overenthusiastic private equity and venture capital firms, and exuberant stock markets. In particular, he points to fintechs offering buy-now-pay-later (BNPL) products that have captured consumers’ fancy and encouraged them to increase their indebtedness.
FinTech: Chinese Regulators Keep Up Rhetoric Against (Very Large) Fintechs
The barrage of regulatory voices against the “fintech-that-shall-not-be-named” continues. In the latest call to hobble giant fintechs such as the Ant Group, former finance minister Lou Jiwei said regulators should restrict the number of banks that they can partner with.
Digital Assets: OSL The First Crypto Exchange To Be Licensed By Hong Kong’s SFC
The Securities and Futures Commission (SFC) licensed OSL Digital Securities to operate a regulated brokerage and automated trading service for digital assets. OSL is now the world’s first SFC-licensed, listed, digital asset wallet-insured, Big-4 audited digital asset trading platform for institutions and professional investors, it said in an announcement.
FinTech: Top Chinese Regulatory Watchdog Airs Fintech Concerns
In an article in a newly released book from the central government explaining the country’s economic priorities and development plan for 2035, Guo warned of a disturbance in global financial markets if the United States stepped up its strategic containment and rivalry with China. Given this circumstance, China is taking steps to address financial vulnerabilities that could stem from fintech giants such as the Ant Group.
Digital Assets: Gazprombank (Switzerland) FINMA-Cleared For Crypto Bank Accounts
Gazprombank (Switzerland), the wholly-owned Swiss arm of Russia’s Gazprombank (JSC), announced October 29 that it had received regulatory clearance from the Swiss Financial Market Supervisory Authority to offer crypto custody and trading services to its institutional and corporate clients.
Digital Assets: The U.K.’s Financial Conduct Authority (FCA) Bans Crypto Derivatives For Retail
After an 18-month study of the cryptoassets market, followed by a consultation, the U.K’s Financial Conduct Authority banned the sale of crypto-derivatives to retail customers on grounds they were “ill-suited for retail consumers due to the harm they pose.”
Digital Assets: State Regulators Roll Out Multi-State Compliance For Crypto and FinTech Firms
Nationwide payments firms now have to undergo a single comprehensive exam to effectively satisfy all states’ regulatory compliance requirements. The Conference of State Bank Supervisors (CSBS) announced Tuesday its “MSB Networked Supervision” initiative in this regard, effective 2021.
Alternative Investments: SEC Revamps Definition of “Accredited Investor” For Private Capital Markets
The SEC on Wednesday amended its definition of “accredited investor,” a term that drew a line between high-earning, deep-pocketed investors and retail investors for access to often lucrative opportunities in the private capital markets. Also known as “alternative investments,” these markets include, for example, venture capital, hedge funds, private equity, and real estate.
Venture Capital: VCs And Startups Rejoice – The NYSE Has An Alternative To IPOs
In a ruling Wednesday, the SEC gave the New York Stock Exchange the green light to let companies raise capital through a “Primary Direct Floor Listing” process. Before this decision, private companies could use the direct method to list their shares on the stock exchange but did not themselves receive any of the proceeds from the IPO. That’s because this route allowed existing investors in those companies to sell their shares on the market (“Selling Shareholder Direct Floor Listing”), with no new capital being raised by the company itself.
Digital Assets: Hong Kong’s SFC Greenlights Arrano’s Bitcoin-tracking Fund
Founded in 2019, Arrano Capital is the blockchain arm of Venture Smart Asia Limited. On April 20, Venture Smart Asia got the approval from the Hong Kong Securities and Futures Commission to launch the territory’s first regulated virtual-assets fund. The approval let Arrano Capital set up its bitcoin tracking fund, one that could invest 100% in virtual assets.
Liquid Alternatives: What the Proposed New Regulations on Leveraged ETFs Mean for Investors
The SEC’s proposed regulations have triggered widespread opposition, particularly those relating to leveraged (geared) ETFs.
The public has until March 24, 2020, to submit its comments on the proposals.
Digital Assets: Blockchain Securities May See New Dawn in 2020
Regulatory progress may lay the base for a revival of blockchain-based securities such as tokens and ICOs. According to Aaron Kaplan, the SEC’s strategy to crack down on digital assets and apply the rigor of traditional securities’ regulation to blockchain securities is a welcome move.
He likened it to the days of old when the criminal excesses of “bucket shops” yielded to regulation through securities law.