This week the U.S. Securities and Exchange Commission (SEC) and the U.S. Financial Industry Regulatory Authority (FINRA) issued a "Joint Staff Statement on Broker-Dealer Custody of Digital Asset Securities." Among other things, the statement highlights the importance of the Customer Protection Rule, which "... requires broker-dealers to safeguard customer assets and to keep customer assets separate from the firm's assets, thus increasing the likelihood that customers' securities and cash can be returned to them in the event of the broker-dealer's failure." The statement provides details on the issues faced by broker-dealers seeking to trade in blockchain-based assets. According to the statement, "[t]he specific circumstances where a broker-dealer could custody digital asset securities in a manner that the Staffs believe would comply with the Customer Protection Rule remain under discussion, and the Staffs stand ready to continue to engage with entities pursuing this line of business." The statement also provides examples of noncustodial broker-dealer activities that would not implicate the Customer Protection Rule.
In other news from the SEC, this week the first two blockchain token offerings in U.S. history were approved under the SEC's Regulation A+ registration exemption. Two blockchain startups, Blockstack and Props, were qualified by the SEC under Reg A+ and will be allowed to sell their "Stack" and "Props" tokens, respectively, to nonaccredited investors, within certain limits. Another recent approval of note was received by ErisX, which just before the July Fourth holiday was granted a derivatives clearing organization license by the Commodity Futures Trading Commission. Along with these new approvals, venture capital remains a strong source of support for the blockchain industry, with a recent report finding that blockchain startups have raised $822 million in 279 separate venture capital deals in the first half of 2019.
Overseas, the U.K. Financial Conduct Authority (FCA) recently proposed new rules that would ban the sale of "crypto-derivatives" to retail consumers. In a press release, the FCA noted concerns related to market abuse, financial crimes, price volatility and a lack of a reliable valuation basis. Around the same time, the FCA approved the first "cryptocurrency hedge fund" as a "full-scope Alternative Investment Fund Manager." And in more news from the U.K., one of the world's largest insurance brokers and a major international charity organization announced a project with a tech startup to deploy a blockchain-based platform for delivering "micro-insurance" to smallholder farmers in Sri Lanka.
For more information, please refer to the following links:
- Props Launches the First SEC-Approved Crypto Token for Consumers
- First SEC-Approved Token Offering To Launch Thursday
- Joint Staff Statement on Broker-Dealer Custody of Digital Asset Securities
- ErisX Granted Derivatives Clearing Organization License For Physically Delivered Digital Asset Futures Contracts by U.S. Commodity Futures Trading Commission
- UK FCA proposes ban on sale of crypto-derivatives to retail consumers
- UK Regulators Approve First Cryptocurrency Hedge Fund
- Aon, Oxfam, and Etherisc launch first blockchain-based agricultural insurance policies for smallholder farmers in Sri Lanka
- Blockchain Startups Raised $822 Million in H1 2019: New Report
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