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Non-Fungible Insights: Blockchain Decrypted

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5 results

July 19, 2019

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15 min read

Broker-Dealers Beware: SEC Division of Trading and Markets and FINRA Office of General Counsel Highlight Obstacles to Broker-Dealer Custody of Digital Assets

On July 8, 2019, the Division of Trading and Markets of the U.S. Securities and Exchange Commission and the Office of General Counsel of the Financial Industry Regulatory Authority, Inc. issued a joint statement on broker-dealer custody of digital asset securities.

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May 10, 2019

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3 min read

FinHUB Announces Crypto Forum to Be Held on May 31, 2019; Commissioner Pierce Blasts FinHUB’s Digital Asset “Framework”

The SEC’s Strategic Hub for Innovation and Financial Technology (FinHUB) has announced that it will be hosting a forum on May 31, 2019, at the SEC’s Washington, D.C. headquarters, to discuss distributed ledger technology and digital assets. The Forum is open to the public on a first come, first served basis.   

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March 28, 2019

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1 min read

SEC Announces Forum to Discuss Distributed Ledger Technology and Digital Assets, as well as Local Peer-To-Peer Meetings

The Securities and Exchange Commission announced on March 15, 2019, that the staff of its Strategic Hub for Innovation and Financial Technology, known as FinHub, will hold a forum focusing on distributed ledger technology (DLT) and digital assets.

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January 22, 2019

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6 min read

When Is a Crypto Asset a “Security,” and Why Does That Matter? (Part II)

In our January 17 blog, the Crypto Law Corner explained that SEC-registered investment advisers must apply the so-called “Howey test,” on a case–by-case basis, to determine whether a particular crypto asset is a security, and suggested that applying the Howey test can prove daunting to SEC-registered investment advisers in the event they are required to determine whether particular crypto assets are “securities.”  

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January 17, 2019

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5 min read

When Is a Crypto Asset a “Security,” and Why Does That Matter? (Part I)

There is a very broad range of crypto assets, including: “digital,” “crypto” and “virtual” currencies; “virtual” coins or tokens; and “traditional” equity or debt securities that have been “digitized” or “tokenized.” Drawing distinctions between different types of crypto assets is important because the regulatory treatment of a particular crypto asset depends in large part on whether or not it is a security.  

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About This Blog

Winston & Strawn’s Non-Fungible Insights: Blockchain Decrypted blog tracks and provides user-friendly explanations of legal and regulatory developments related to blockchain technology including digital assets, NFTs, and smart contracts.

Related Capabilities

  • Private Investment Funds
  • Finance
  • Cryptocurrencies, Digital Assets & Blockchain Technology
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