Decentralized finance projects are disrupting the finance industry by offering consumers the prospect of market-beating returns. De-Fi software enables peer-to-peer lending of digital assets executed through smart contracts. Unlike traditional financial products, loans made using De-Fi protocols are not administered by any centralized entity, resulting in ambiguity as to the application of legal standards drafted…
Effective April 27, 2021, the SEC issued a statement on the Custody of Digital Asset Securities by Special Purpose Broker-Dealers and outlined the steps broker-dealers of digital asset securities must take to comply with a safe harbor available for the next five years1. Per the Statement, a broker-dealer operating under certain circumstances will not be…
On March 24, 2020, Judge Castel of the United States District Court for the Southern District of New York issued an order granting the SEC's motion to enjoin Telegram Group, Inc. and its affiliate corporation TON Issuer, Inc. (collectively, "Telegram") from distributing "Gram" tokens - a digital cryptocurrency to be used in connection with the…
The Securities and Exchange Commission (SEC) recently proposed changes to several securities exemptions available to U.S. issuers. In particular, the proposed changes to Regulation Crowdfunding (Reg CF), Rule 504 of Regulation D (Rule 504) and Regulation A+ will increase the maximum offering amount permitted under each exemption. With a majority of emerging businesses and entrepreneurs…
The Securities and Exchange Commission (SEC) recently proposed amendments to the definition of “accredited investor,” one of the principal tests for determining the eligibility of investors to participate in various kinds of private securities offerings. The proposal looks to expand and update the definition to create a more effective method for identifying individual and institutional…