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U.S. Finance Watchdog Takes Aim at Cryptocurrency

U. S. Finance watchdog takes aim at cryptocurrency

U.S. Finance Watchdog Takes Aim at Cryptocurrency


U. S. Finance watchdog takes aim at cryptocurrency
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The Financial Industry Regulatory Authority (FINRA), a self-regulatory body for broker-dealersm has released a regulatory notice to mandate its member to notify the authority if  they engage in any cryptocurrency activity.

Though the notice outlines what constitutes cryptocurrency activities, it does not detail how FINRA would use these disclosures nor does its website show any explanation. Since the self-regulatory body focuses on protecting retail investors in all financial markets, it can be assumed that the disclosures would help in this goal.

FINRA states,

FINRA is issuing this Notice to encourage each firm to promptly notify FINRA if it, or its associated persons or affiliates, currently engages, or intends to engage, in any activities related to digital assets, such as cryptocurrencies and other virtual coins and tokens.

Like many of the SEC’s closed-door deliberations on cryptocurrency regulations, especially as they relate to the “Howey Test” for ICOs, FINRA’s notice leaves much to be desired on the future plans of the body for protecting investors.

About FINRA

FINRA is a non-government regulatory body, structured as a non-profit, which was approved by Congress for protecting individual investors. Its mission is similiar to the SEC’s, but it works much more granuaarlly with guidelines for investment firms and broker-dealers.

The guidelines for the financial industry are meant to protect and inform investors.

Cryptocurrency has been “a keen interest” for FINRA. FINRA has clear regulations for Alternative Trading Systems (ATS) on the books, and it seems that the group views cryptocurrency trading/investing as a quasi-ATS. As has been the complication for the SEC, crypto straddles many different regulations and doesn’t fall neatly into a certain category.

The notice for all firms to disclose crypto-related activities is likely laying the foundation for future regulations or guidelines.

Regulators Are Taking Action Across the Board

As CCN has reported on extensively this year, regulatory bodies globally have started taking more and more action on clarifying and enforcing laws for digital assets. The SEC in the United States has stated that it wants to take a lighter touch with regulations in order to encourage development of blockchain technology. At the same time, it started cracking down on fraud in a big way this year.

FINRA’s move to make firms disclose any cryptocurrency dealings should come as no surprise with the SEC’s recent enforcement on ICO frauds. Protecting retail investors from the “wild west” of the cryptocurrency industry is an ongoing mission for the US regulatory communities that deal with consumer protections.

Featured image from Shutterstock.

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Published at Wed, 11 Jul 2018 00:15:02 +0000

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Take Two: SEC to Review Its Bitcoin ETF Decision

The U.S. Securities and Exchange Commission has announced that it will review its decision regarding the Winklevoss twins’ bitcoin ETF.


SEC to Review Its bitcoin ETF Decision

The U.S. Securities and Exchange Commission (SEC) will review its decision regarding the rejection of the bitcoin exchange-traded fund (ETF) proposed by Cameron and Tyler Winklevoss.

statement issued by the SEC in response to a petition for review of the Disapproval Order by the Bats BZX Exchange reads:

[…] it is hereby: ORDERED that the petition of BZX for review of the Division’s action to disapprove the proposed rule change by delegated authority be GRANTED; and It is further ORDERED that any party or other person may file a statement in support of or in opposition to the action made pursuant to delegated authority on or before May 15, 2017.

The SEC first rejected the bitcoin ETF (COIN) proposed by the Winklevoss twins last month, citing risk of fraud and a lack of regulation in the bitcoin markets. The statement in which the SEC rejected the COIN EFT reads:

As discussed further below, the Commission is disapproving this proposed rule change because it does not find the proposal to be consistent with Section 6(b)(5) of the Exchange Act, which requires, among other things, that the rules of a national securities exchange be designed to prevent fraudulent and manipulative acts and practices and to protect investors and the public interest.

The petition filed by the Bats BZX Exchange will see the SEC’s action to disapprove the bitcoin ETF reviewed and possibly amended. If so, COIN ETF shares would be traded on a public stock exchange, providing an easy way for investors to capitalize on the price of BTC without the need to deal with Bitcoin exchanges, wallets, private keys, and so forth.

Winklevoss Chose Bats Exchange For a Reason

As noted by Blockchain researcher and host of the Crypto Scam podcast, Tone Vays, ‎in a 2016 interview, it is very likely that the Winklevoss twins chose to work with the Bats BZX Exchange on the COIN ETF for this very reason. 

Vays

“My guess is the reason that they changed is that Bats is the new kid on the block, so they push the issues a bit,” Vays explained. 

Not only does it make sense for the Winklevoss twins to identify with the Bats BZX Exchange due to the “experimental” nature of the COIN ETF, but it is also a great strategic move that ensured the exchange they partnered with would help them fight to see the bitcoin ETF approved.

Vays continued:

Nasdaq might not have been helping the Winklevoss fight against the SEC to get this approved and maybe Batz said ‘you know what, we’ll throw your lawyers at it’.

The Saga So Far

The Winklevoss’ bid to see a bitcoin exchange-traded fund on public stock exchanges is a saga that has been going on for roughly three years. It started with the filling of an S-1 form for the Winklevoss bitcoin Trust in May 2014.

Twins

The Winklevoss bitcoin Trust was based on the twins’ substantial bitcoin holdings (roughly 1% of the total supply at the time) and had Math-Based Asset Services LLC as the sponsor of the Trust. Later that year, a follow-up filling was made in order list the Winklevoss bitcoin Trust as an ETF on the NASDAQ OMX exchange with the name “COIN.”

Two years later, in June 2016, the twins filed a document that would see the ETF listed on the Bats exchanged instead of Nasdaq. The same filing also saw the ETF offering increase from $20 to $65 million.

Last month, the Securities and Exchange Commission (SEC) denied the Winklevoss Twins’ bitcoin ETF, which lead to the petition by the Batz BZX Exchange.

Do you think that the Winklevoss bitcoin ETF will be approved after the SEC’s revision? If so, let us know why in the comments below.


Images courtesy of Shutterstock

The post Take Two: SEC to Review Its Bitcoin ETF Decision appeared first on Bitcoinist.com.

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