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Showing posts with the label implications

Exploring FCA’s new crypto promotion rules and their implications

With the FCA’s new regulations, UK crypto firms face enhanced oversight, setting a potential global precedent for crypto marketing standards. Read how. On Oct. 8, 2023, the Financial Conduct Authority (FCA) unveiled a fresh set of rules governing the promotion of crypto assets, a move aimed at bolstering the protection of investors while ushering in enhanced clarity within this dynamic sector.  Anchoring this rollout is the FCA’s Policy Statement PS23/6, a comprehensive document that outlines the stipulations and relevant guidance associated with these new promotional rules. Stringent requirements now bind firms aiming to promote crypto assets in the UK: they must either be authorized, registered, or have their marketing vetted by an authorized entity. FCA warning list for non-compliant crypto companies (advertising in the UK) goes out It's 500 pages full of mostly scams. Let's see if this list does anything to stop these companies. It's hard to have an ...

What are the Howey test and its implications for cryptocurrency?

The Howey test’s impact on cryptocurrency, explained — legal implications, compliance requirements and more. What is the Howey test? The Howey test is a legal test used in the United States to determine whether a transaction qualifies as an investment contract and, thus, is considered a security under federal law. The test was established by the U.S. Supreme Court in SEC v. W.J. Howey Co. (1946), and it has since been applied in numerous cases to determine whether various financial arrangements and offerings constitute securities.  According to the Howey test, a transaction must contain an investment of funds in a group venture with the expectation that all gains will come from group efforts. A transaction is deemed a security if it satisfies these requirements, in which case it is subject to federal securities laws and regulations. Understanding the criteria for a security The test involves three key criteria that must be met in order for a transaction to qualify as a security, as di...