Digital Assets

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Yesterday, on September 1, the Securities and Exchange Commission wrapped up what has been a very busy summer by proposing amendments to the rules and forms governing registered transfer agents.  If adopted, this will be the first significant update to this regulatory framework in over four decades, a change many believe is long overdue.  As…

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The Securities and Exchange Commission (SEC) under the leadership of SEC Chair Atkins devoted significant time and attention during the early part of the Chair’s tenure to digital assets and, while the agency withdrew a number of pending rule proposals from…

On August 18, 2026, the Securities and Exchange Commission (the “Commission” or the “SEC”) published proposed rules, titled “Regulation Crypto Assets” (“Reg Crypto Assets”), which would establish a framework to raise capital and disclosure requirements involving certain crypto asset-related investment contracts.  The proposed rules represent the next phase in the Commission’s ongoing effort to regulate…

On August 18, 2026, the Securities and Exchange Commission (the “SEC”) proposed rules (the “Proposal”) titled “Regulation Crypto Assets,” that, if adopted, would create a tailored offering regime for certain investment contracts involving crypto assets, defined as “covered investment contracts”. The Proposal is the next step in the SEC’s ongoing effort to create a regulatory…

The Securities and Exchange Commission’s (“SEC”) published a report on the 45th Annual Small Business Forum (the “Forum”).  The forum took place on March 9, 2026 and featured remarks from each of the Commissioners and discussions with the public on capital formation related issues.  The report puts forward 15 policy recommendations collected from Forum participants…

On July 22, 2026, Securities and Exchange Commission (“SEC”) Commissioner Hester M. Peirce issued a statement cautioning cryptocurrency market participants against the notion that crypto assets and activities fall outside the scope of the federal securities laws, focusing on the use of:  vaults and onchain lending strategies.

Commissioner Peirce’s statement builds on her July 2025…

This week, the Securities and Exchange Commission’s 2026 rulemaking agenda (the “Unified Agenda”) was made publicly available (see here).  The Unified Agenda sets out the SEC’s rulemaking priorities for the next year, with general timeframes (but these timeframes are guidelines, and should not be considered definite indicators of when rulemakings will happen).  The current…

The Staff of the Division of Trading and Markets (the “Staff”) of the Securities and Exchange Commission (the “SEC” or the “Commission”) recently issued a statement (the “Statement”) providing its views on the application of the broker-dealer registration requirements under Section 15(a) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), to…