MoFo Tech

April 12, 2019 - Blockchain, Financings, Fintech
SEC Issues Historic No-Action Letter and Releases Framework for “Investment Contract” Analysis of Digital Assets
By: Alfredo B. D. Silva and Dylan Kelsey Naughton
On April 3, 2019, the Strategic Hub for Innovation and Financial Technology of the U.S. Securities and Exchange Commission (“SEC”) published two pieces of guidance on when a blockchain-enabled digital asset will, or will not, be considered a security. The first piece of guidance
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April 11, 2019 - Blockchain, Financings, Fintech
FSA Proposes Bill to Amend Japanese Laws Regulating Cryptocurrency-Related Businesses
By: Seth M. Graham
The Japanese Financial Services Agency (“FSA”), Japan’s primary financial regulator, announced on March 15, 2019, that it was submitting a bill to the Diet to amend both the Payment Services Act (the “PSA”) and the Financial Instruments and Exchange Act (the “FIEA”) relating to how the
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April 03, 2019 - Regulatory, Blockchain, European Union, Financings, Fintech
FCA Guidance on UK Crypto-Assets Regulation
The United Kingdom’s Financial Conduct Authority published draft guidance on the circumstances in which crypto-assets will fall within its regulatory perimeter and has invited comments and feedback on the draft guidance by 5 April 2019. In particular, it explains how it divides crypto-tokens into
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February 14, 2019 - Blockchain, Financings, Fintech
Tokenization + the SEC – Part 1
Dario de Martino discusses the real possibilities and opportunities around security tokens, from a business standpoint, the legal perspective, and from a retail investor point of view. Topics include: What are the advantages of tokenizing securities? How do Securities laws work generally in the
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February 06, 2019 - Blockchain, Fintech
Transforming the U.S. Healthcare Industry with Blockchain Technology
By: Spencer D. Klein, Julie O'Neill and Mary Race
Patients accumulate vast quantities of healthcare data over the course of their lives. Those data are generally housed in centralized servers operated by various unrelated industry participants, including government regulators and payors, insurance carriers, hospitals, doctors, pharmacies and pharmaceutical companies. Unfortunately, those repositories rely
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November 09, 2018 - Financings, Fintech, Mergers + Acquisitions
First SEC Enforcement Action Against Unregistered Digital Token Exchange
By: Alfredo B. D. Silva
Until yesterday, the enforcement actions of the U.S. Securities and Exchange Commission (SEC) in the digital token space have primarily focused on the primary issuances of tokens. However, on November 8, 2018, the SEC announced in an order (the “Order”) that it had settled charges against
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September 20, 2018 - Blockchain, Fintech
Structuring Secondary Token Sales: How to Monetize Digital Tokens Under U.S. Securities Laws
By: Alfredo B. D. Silva
There is now wide legal consensus that organizations that seek to sell tokens for capital-raising purposes in the United States should register their tokens with the U.S. Securities and Exchange Commission or rely on available registration exemptions. However, many token investors and other recipients
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August 16, 2018 - European Union, Fintech, Telecommunications
UK PRA's 'Dear CEO' Letter on Exposure to Crypto-Assets
On 28 June 2018, the United Kingdom Prudential Regulation Authority (PRA) published a letter to the CEOs of banks, insurance companies and designated investment firms to communicate the PRA’s expectations regarding firms’ exposure to crypto-assets. In particular, the letter flagged the risks associated with
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August 10, 2018 - European Union, Fintech, Telecommunications
Announcing the Global Financial Innovation Network
On 7 August, 2018, the UK’s Financial Conduct Authority (FCA) announced that it has, in collaboration with 11 other financial regulators and related organisations, including the Monetary Authority of Singapore and the Hong Kong Monetary Authority, created the Global Financial Innovation Network (GFIN) to
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August 07, 2018 - Financings, Fintech
Treasury and the OCC Make Significant Fintech Announcements
By: Jeremy R. Mandell
Two key federal government announcements were made on July 31, 2018 related to fintech issues. First, the U.S. Department of the Treasury issued a press release announcing a report entitled “Nonbank Financials, Fintech, and Innovation.” The Report is the fourth and final in a
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Topic Archives: Fintech

SEC Issues Historic No-Action Letter and Releases Framework for “Investment Contract” Analysis of Digital Assets

By: Alfredo B. D. Silva and Dylan Kelsey Naughton

FSA Proposes Bill to Amend Japanese Laws Regulating Cryptocurrency-Related Businesses

By: Seth M. Graham

FCA Guidance on UK Crypto-Assets Regulation

Tokenization + the SEC – Part 1

Transforming the U.S. Healthcare Industry with Blockchain Technology

By: Spencer D. Klein, Julie O'Neill and Mary Race

First SEC Enforcement Action Against Unregistered Digital Token Exchange

By: Alfredo B. D. Silva

Structuring Secondary Token Sales: How to Monetize Digital Tokens Under U.S. Securities Laws

By: Alfredo B. D. Silva

UK PRA's 'Dear CEO' Letter on Exposure to Crypto-Assets

Announcing the Global Financial Innovation Network

Treasury and the OCC Make Significant Fintech Announcements

By: Jeremy R. Mandell