On Dec. 23, 2020, the SEC published a statement proposing a framework for broker-dealers to custody digital asset securities in a manner consistent with Rule 15c3-3 under the Securities Exchange Act of 1934. Among other things, the statement, which will expire after a period of five years from publication, provides that a broker-dealer may custody digital asset securities so long as it operates consistent with the enumerated conditions set forth in the statement, including but not limited to, restricting its business exclusively to digital asset securities, instituting robust written policies and procedures, and ensuring that it has exclusive control over …

On Jan. 20, BlackRock, the world’s largest asset manager with over $8.7 trillion assets under management, appeared to have given the green light to two of its associated funds, BlackRock Global Allocation Fund Inc. and BlackRock Funds, to invest in Bitcoin futures. In this regard, the prospectus documents filed with the United States Securities and Exchange Commission suggest that BlackRock is looking to dabble in Bitcoin (BTC), especially as the first ever cryptocurrency has been added to the company’s lists of derivative products cleared for use. Furthermore, over the last few months, the company’s executive brass had spoken positively about …

Ripple Labs spent $690,000 on lobbying in the United States in 2020, which still didn't save the firm from the Securities and Exchange Commission. Per legally mandated disclosures for 2020, Ripple's lobbying program dwarfed those of other firms in the crypto industry. Coinbase, which looks to become the first American crypto exchange to issue public shares, spent $230,000 over the same year, while other exchanges like Binance.US, Gemini and Kraken did not report any spending on lobbying. Ripple's spending on lobbying is, however, relatively paltry compared with the giants of Big Tech. Facebook, for example, spent well over $5 million …

Much has been written about the Sept. 30, 2020, decision by Judge Alvin Hellerstein of the Southern District of New York in the U.S. Securities and Exchange Commission vs. Kik Interactive. In that order, the judge ruled in favor of the SEC’s motion for summary judgement, applying the Howey Test in the course of determining that Kik Interactive had violated the federal securities laws by selling contractual rights to acquire Kin tokens and later by issuing and selling the Kin tokens themselves. Less has been said about the actual final judgement, entered by the court on Oct. 21, 2020, pursuant …

In a move that may give seasoned investors flashbacks to 2018, Valkyrie Digital Assets is the latest asset management firm to file a registration with the SEC to form a Bitcoin ETF — a bid that joins a crowded field of prospective fund managers looking to capitalize on renewed retail interest in cryptocurrencies. Filed on Friday, the Texas-based family investment fund proposed listing the Valkyrie Bitcoin Trust on the New York Stock Exchange. The application did not include a possible trading ticker. If history is any indication, however, the filing’s chances of leading to a tradable fund are slim. During …

VanEck, a major American investment management firm, is making another attempt to launch a digital asset-related exchange-traded fund, or ETF. According to a Jan. 21 filing with the United States Securities and Exchange Commission, VanEck’s new ETF is called the Digital Assets ETF. The new fund would track the price and performance of the Global Digital Assets Equity Index run by its subsidiary MV Index Solutions. According to the document, the new Digital Assets ETF “normally invests” at least 80% of its total assets in securities that comprise the Fund’s benchmark index. The index tracks the performance of the digital …

BlackRock, the world’s largest asset manager, could be preparing its entry into the Bitcoin (BTC) derivatives market, according to a pair of filings with the United States Securities and Exchange Commission, or SEC. The two prospectus filings — BlackRock Funds V and BlackRock Global Allcoation Fund, Inc. — appeared on the SEC website on Wednesday. Both filings mention the possibility of using Bitcoin derivatives and other assets as part of its investment scheme. However, neither filing makes a definitive statement about the use of Bitcoin futures now or in the future. The prospectus states: “Each Fund may use instruments referred …

SEC Commissioner Hester Peirce spoke at the CFC 2021 virtual blockchain conference on Jan. 20, where she discussed the prospect of working with a new Biden-appointed chairman, and touched on her hopes of providing the cryptocurrency space with some “safe harbor”. Known affectionately by cryptocurrency enthusiasts as “Crypto Mom”, Peirce addressed the changeover at the SEC that saw former chairman Jay Clayton depart his post in December. Incoming President Joe Biden has since nominated Gary Gensler for the role. Peirce said Gensler’s appointment was not yet set in stone, but that the appointment of any new chairman brings an opportunity …

On Tuesday, Ether (ETH) underwent a bullish breakout which propelled the price to a new all-time high at $1,428. While the move may have been technical, the fundamentals for Etheruem continue to improve as less than one month after launch there is now $3.8 billion worth of ETH locked on the Eth2 blockchain. The rapid rise in price has clearly attracted the attention of pro traders but Cointelegraph analyst Marcel Pechman warns that Ether’s rise to a new high was also accompanied by a large increase in short positions. Ether’s break to a new high had little effect on Bitcoin …

This is the third article in a three-part series based on Gary Gensler's extensive prior public statements on crypto. Here are parts 1 and 2. Cointelegraph has been busily digging through a treasure trove of likely future Chairman of the Securities and Exchange Commission Gary Gensler’s thoughts on crypto, especially from a series of lectures he gave at MIT in the fall of 2018. One especially notable element of Gensler’s thinking is his obvious respect for Bitcoin’s mechanism of internal governance and his obvious interest in seeing that decentralization elsewhere in finance. 12 years out from BTC’s genesis block, there …

This is the second in a three-part series based on Gary Gensler's extensive prior public statements on crypto. Here are parts 1 and 3. Gary Gensler will likely become chairman for the U.S. Securities and Exchange Commission, or SEC, in the coming days. A professor at the Massachusetts Institute of Technology, or MIT, Gensler knows his way around crypto and blockchain, evident in his leadership of a class on the subject at MIT’s Sloan School of Management. While teaching the Fall 2018 semester, Gensler gave a wealth of insight into crypto regulation. In 2018, U.S. regulators were very much struggling …

This is the first of a three-part series based on Gary Gensler's extensive prior public statements on crypto. Here are parts 2 and 3. As the heir-apparent to the Chair of the Securities and Exchange Commission, Gary Gensler’s most critical role in the future of crypto will be his thoughts on how cryptocurrencies intersect with securities regulation. Where crypto meets the SEC The SEC has been a focal point for the crypto world’s attention for a long time. While its initial enforcement actions in crypto were largely limited to overt fraud, the 2017 DAO Report was its entry into even …