FINRA Asks Firms To Disclose Activities In Digital Assets

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Cadwalader, Wickersham & Taft LLP

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Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
FINRA asked that member firms notify their risk-monitoring analysts if the firms currently engage in, or intend to engage in, any activities involving digital assets.
United States Technology
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FINRA asked that member firms notify their risk-monitoring analysts if the firms currently engage in, or intend to engage in, any activities involving digital assets.

In the regulatory notice, FINRA requested continuing disclosures on:

  • transactions in digital assets, pooled funds investing in digital assets and derivatives (e.g., futures and options) tied to digital assets;
  • participation in an initial or secondary offering of digital assets (e.g., an initial coin offering ("ICO") or pre-ICO);
  • the management of a platform for the secondary trading of digital assets;
  • the acceptance of cryptocurrencies (e.g., Bitcoin) from customers;
  • the mining of cryptocurrencies;
  • clearance and settlement services for cryptocurrencies; and
  • the use of blockchain technology, particularly when recording cryptocurrencies using distributed ledger technology.

Primary Sources

  1. FINRA Regulatory Notice 21-25: FINRA Continues to Encourage Firms to Notify FINRA if They Engage in Activities Related to Digital Assets

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