Crypto-asset businesses, particularly those offering crypto lending, non-fungible tokens, or digital wallet/payments products — which are already facing intense scrutiny from the SEC, CFTC, U.S. Department of Justice and U.S. Department of the Treasury — should not neglect the need to prepare for CFPB and FTC scrutiny. This article explores this trend by the CFPB…

To expedite decisions to prevent or stop consumer harm, the Financial Conduct Authority (FCA) has implemented a controversial change to its decision-making procedures. The change forms part of the FCA’s wide-ranging “Transformation Programme” that seeks (in summary) to make the regulator smarter, more proactive and more agile.

Click here to read the full GT Alert.

Nanette Aguirre, corporate shareholder, will participate in the Florida Alternative Investment Association (FLAIA) Global Perspective 2018 Conference in Miami, FL, Dec. 5. Aguirre will participate as a speaker and provide an update on developments in current regulation and market trends. Aguirre is joined by a series of panelists from private funds who will address…

Greenberg Traurig Shareholder  Carl A. Fornaris, co-chair of the Financial Regulatory and Compliance Practice, will speak at the Financial Markets Association’s (FMA’s) 26th Annual Securities Compliance Seminar on April 26 at the B Ocean Hotel in Fort Lauderdale.

Fornaris will speak on the panel titled “Key 2017 Legislative and Regulatory Initiatives” and will review…

Elaine C. Greenberg, Greenberg Traurig shareholder, will speak at the Practising Law Institute (PLI) Program “Hedge and Private Fund Enforcement & Regulatory Developments 2016” in New York City on Dec. 1. Greenberg will be participating in the session titled “SEC Inspections and Examinations of Private Equity and Hedge Funds.” The seminar provides…

Earlier this week, the SEC issued a Press Release announcing a Rule Proposal that would require SEC-registered investment advisers to adopt written business continuity and transition plans (BCP) as part of their compliance program.  The comment period on the Rule Proposal is expected to close in September.  Under the proposed rule, an adviser’s written BCP…

At the end of March, the OCC issued a whitepaper setting out the principles that it will use to guide the development of a framework to analyze innovations in the banking sector of financial technology, or “fintech” for short.  The paper defined and encouraged “responsible innovation,” and discussed both benefits and risks arising from the types of innovations that are developing in that sector. For a more detailed discussion of the paper, see our GT Alert, “Fintech—Moving Toward a Regulatory Framework, The OCC Whitepaper on Responsible Innovation.”

The OCC’s paper, however, did not address a key question facing the industry—will small fintech startup companies be subject to the same regulations and same level of scrutiny that might affect fintech offered by banks?  A recent New York Times article referred to the current regulatory environment, state, and federal rules, as a “bramble” that these fintech startups must face. Fintech startups must confront both the typical challenges of regulatory compliance, as well as questions of whether they are even required to comply.

Consider a scenario in which a startup and a bank release mobile applications with similar utility—the startup could benefit from significant competitive advantage if it were not obligated by the same compliance requirements.  Consequently some traditional banks have urged that fintech should be subject to regulations equal to those applicable to banks because that will keep all competitive parties on equal footing.Continue Reading Nonbank Fintech: Regulatory Uncertainty as Innovation Flourishes