Mahi Sall, Advisor, Fintech-Bank Partnerships, Payments and Financial Inclusivity
January 25th, 2023
Mahi Sall is the CEO & Founder of FinXpair, a Berlin-based strategic advisory boutique firm focu[...]
Category Archives: Blockchain, Crypto, Digital Assets Regulations
Consultation: OSC Wants to Increase Fees for Crypto Firms
Regulation | Nov 10, 2023
Image: DALL-E3
The Ontario Securities Commission (OSC) has recently put forward a proposal for new fees targeting restricted dealers, including many crypto asset trading platforms.
This development is a clear indication of the increasing efforts to integrate crypto trading platforms into the regulated financial world. These fees are designed to address and recover the higher onboarding costs associated with the registration of restricted dealers, which predominantly include crypto asset trading platforms. The OSC's initiative reflects its ongoing observation of the increased regulatory costs compared to most existing market participants.
Current Fee Structure
- Today, crypto firms are subject to relatively modest registration fees, with amounts hovering around $2,600. This fee is significantly lower than the actual cost incurred by the OSC in registering these firms as dealers with specific terms and conditions.
See: Bitbuy and Localcoin Partner Boosting Crypto Access in Canada
- Firms seeking exemptions to operate as marketplaces pay fees ranging from $4,800 to $7,000, depending on the type of relief sought.
- Current fees also fall short of covering the actual costs associated with these applications.
Proposed Changes
- The proposed fee structure, however, marks a substantial increase. According to the official announcement by the OSC, the proposed amendments, if approved, would introduce two new fees for restricted dealers:
- An additional fee of $24,500 at the time of OSC registration.
- An additional exemptive relief application fee of $24,500 for restricted dealers operating as a marketplace.
- Under the new regime, crypto firms operating marketplace platforms could face up to $49,000 in additional fees.
Impact
The OSC has noted that novel businesses like crypto platforms require more resources to vet. These efforts include initiating compliance discussions, understanding novel business models, and imposing detailed obligations to mitigate investor protection risks. The proposed fees are part of the OSC's broader strategy to foster a fair, efficient, and competitive capital market while ensuring investor protection.
See:
Calgary Police and Chainanalysis Launch the Western Canada Cryptocurrency Investigations Centre
Canada to Require Pension Funds to Report Cryptocurrency Investments
Consultation
The OSC is seeking public comment on these proposals until February 7, 2024, with the new fees expected to take effect on July 2, 2024. This period of consultation offers an opportunity for stakeholders to engage with the regulator and shape the future of crypto regulation in Ontario.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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Spending Bill vs. SEC’s Crypto Grip
Regulation | Nov 9, 2023
Image: Pexels/Crypto Crow
The U.S. House of Representatives has introduced a provision in the spending bill that could curtail the SEC's enforcement capabilities against crypto businesses.
This legislative maneuver aims to restrict the SEC's funding for enforcement actions against crypto businesses, a move that underscores the ongoing tension between regulatory bodies and the evolving crypto sector.
The amendment, spearheaded by Majority Whip Tom Emmer (R-Minn.), a well-known advocate for the crypto industry, targets SEC Chair Gary Gensler's enforcement-centric approach. Emmer's critique of Gensler's tactics as ineffective and overreaching reflects a broader sentiment that policy, not punishment, should guide the evolution of the crypto landscape. The Financial Services and General Government Appropriations Act of 2024, which houses this amendment, received a voice vote approval among more than 100 proposed amendments.
See: SEC Chair Gensler’s Mixed Feedback at Senate Hearing
Emmer's floor statement was unequivocal:
"My amendment prohibits the SEC from using funds for enforcement activities related to digital asset transactions until Congress passes legislation that gives the SEC jurisdiction over this asset class."
He further went onto say:
Under Gensler’s leadership, the SEC has pursued dozens of enforcement actions against the digital asset industry despite never finalizing a single rule or regulation for the industry to follow. Chair Gensler refuses to provide the marketplace with clear criteria for digital assets that he would consider to be a security. How can this industry comply if there are no rules or guidelines to follow?
See: FTX’s Possible Comeback Under Legal Scrutiny by Gensler
These statements not only challenges the SEC's current trajectory but also highlights the legislative body's intent to foster a conducive environment for crypto innovation in the United States.
Bipartisan Support Required
However, the bill's journey is far from over. It requires the Senate's endorsement, where Democrats, who are generally more aligned with Gensler, hold sway. The Senate Banking Committee Chairman Sherrod Brown (D-Ohio) and others have expressed support for Gensler's enforcement actions against crypto firms. The legislative path forward will require bipartisan cooperation to balance the need for consumer and investor protection with the industry's growth.
This legislative development arrives amidst a backdrop of heightened scrutiny and regulatory actions by the SEC, with Gensler affirming the pursuit of as many as 150 actions against crypto firms. The Congress faces a looming budget impasse, with temporary funding set to deplete by November 17, adding to the urgency and complexity of the situation.
See: SEC Drops Charges Against Ripple Execs: Crypto Regulation Shifts
Reshaping Future Policy
The implications of this legislative effort could reshape the balance of power between the crypto industry and regulatory bodies, and set the stage for future policy development in the digital asset space.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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FTX’s Possible Comeback Under Legal Scrutiny by Gensler
Crypto | Nov 9, 2023
Image: Pexels/Mikhael Mayim
SEC Chair Gary Gensler has indicated a potential pathway for the resurrection of the beleaguered cryptocurrency exchange FTX, albeit under stringent legal compliance.
This news comes in the wake of FTX founder Sam Bankman-Fried's conviction on fraud charges, casting a shadow over the crypto exchange's future.
During DC Fintech Week, Gensler emphasized the importance of adherence to the law for any parties interested in reviving FTX. His remarks, as reported by CNBC, suggest a cautious yet open stance towards the possibility of a rebooted FTX under new leadership. Gensler's comments resonate with the broader regulatory ethos that seeks to instill investor trust through transparency and accountability.
The spotlight falls on Tom Farley, a former president of the New York Stock Exchange and current CEO of Bullish, a digital asset exchange. Farley's name has emerged among a shortlist of bidders vying to purchase what remains of FTX, as per reports. Gensler's advice to Farley and any prospective leaders is clear: "Do it within the law." This directive underscores the need for proper disclosures and a strict separation of exchange operations from customer assets, a line that FTX allegedly crossed under Bankman-Fried's leadership.
See: Gensler’s Remarks at 2023 Securities Enforcement Forum
The SEC's stance is not just a response to past missteps but a forward-looking approach to regulating a domain fraught with complexities. Gensler's assertion that the crypto industry still harbors fraudsters signals a commitment to rigorous enforcement of securities laws, which he deems robust enough to handle the nuances of cryptocurrency.
As the industry reflects on the FTX saga, the SEC's legal battles with other crypto entities like Binance, Coinbase, and Ripple continue to unfold. These cases will likely shape the regulatory landscape and define the operational boundaries for crypto exchanges in the future.
For Canada's burgeoning fintech community, the unfolding events around FTX offer critical insights. They highlight the importance of regulatory compliance and the potential for recovery and innovation even after significant setbacks.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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SBF Found Guilty and Convicted on All 7 Charges
Regulation | Nov 3, 2023
Image: Unsplash/Ye Jinghan
In a verdict that has sent shockwaves across the financial technology sector, Sam Bankman-Fried, the former crypto golden boy and head of the now-defunct FTX exchange, has been convicted on all counts of fraud and money laundering.
The decision concludes a saga that has captivated and alarmed investors and regulators worldwide. Bankman-Fried, who once stood at the forefront of the cryptocurrency revolution, now faces the stark reality of a potential maximum sentence of 115 years in prison. This outcome is the result of a jury's finding that he was integral to a scheme that misused billions of dollars of customer funds—a severe breach of trust and a violation of the law.
See: Key Moments Inside the SBF Trial: Days 1-12
The trial, which lasted five weeks, delved into the intricate details of how FTX and its sister company, Alameda Research, crumbled nearly a year ago. The prosecution presented a compelling narrative, supported by the testimonies of former colleagues and confidants turned government witnesses, that Bankman-Fried knowingly engaged in fraudulent activities that led to significant financial losses for thousands of investors.
Attorney General Merrick Garland:
Sam Bankman-Fried thought that he was above the law. Today’s verdict proves he was wrong. This case should send a clear message to anyone who tries to hide their crimes behind a shiny new thing they claim no one else is smart enough to understand: the Justice Department will hold you accountable.
Bankman-Fried's defense hinged on the claim that there was no fraudulent intent behind the borrowing of customer funds by Alameda Research. However, the evidence and subsequent jury verdict firmly placed the responsibility for the misuse of funds and the resulting financial devastation on his shoulders.
See: SBF’s Trial: Insight into Chaos & Mismanagement
As the crypto community grapples with the implications of this high-profile conviction, the next steps are clear.
- The sentencing, set to be determined by a judge, is scheduled for March 28 (typically decided within 90 days).
- In the interim, the government must decide by February 1 if it will proceed with a second trial on additional charges.
This case is a watershed moment for the cryptocurrency industry, emphasizing the need for stringent oversight and ethical conduct. It serves as a cautionary tale that even the most innovative sectors are not immune to the age-old risks of financial misconduct. This conviction will undoubtedly influence the approach to regulation and compliance in the digital asset space.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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UK’s Future Crypto and Stablecoin Regulation
Crypto Regulation | Nov 1, 2023
Image: Unsplash/Nick Fewings
Herbet Smith Freehills Unpacks the UK's Progressive Stance on Cryptoasset and Stablecoin Regulation
The UK government has recently published a series of policy papers, shedding light on its future regulatory approach towards cryptoassets and fiat-backed stablecoins.
Herbert Smith Freehills law firm, expertly outlines the UKs forward-thinking regulatory framework and explores the delicate balance between nurturing innovation while ensuring financial integrity in the digital asset space.
Fiat-Backed Stablecoin Regulation (Phase 1)
- The UK's Financial Services and Markets Act 2023 has set the stage for the regulation of fiat-backed stablecoins, with secondary legislation expected to be introduced by early 2024.
- This legislation aims to bring activities related to fiat-backed stablecoins within the regulatory perimeter, empowering the Financial Conduct Authority (FCA) to oversee these digital assets.
- The government's policy update delineates the objectives of this upcoming legislation, ensuring a clear regulatory framework for stablecoins.
Wider Cryptoasset Regulation (Phase 2)
- The UK government has also published its response to the February 2023 consultation on the broader cryptoasset regulatory regime.
- This response clarifies and modifies some of the original proposals based on feedback received.
- The implementation of this broader regulatory framework is anticipated to commence post-2024, following the completion of Phase 1.
See: UK Releases Digital Asset Consultation Results
Managing Systemic Digital Settlement Asset (DSA) Firms
- The UK government intends to apply a modified Financial Market Infrastructure Special Administration Regime (FMI SAR) to manage the failure of systemic DSA firms, including stablecoin entities. This approach aims to ensure the stability and integrity of the digital asset ecosystem.
- Here's the link to the UK government response on 'Managing the failure of systematic digital settlement asset firms' (including stablecoins)
Further Notes:
- The government acknowledges the need for a precise legal mechanism to define and categorize cryptoassets, ensuring clarity for industry stakeholders.
- The UK's regulatory approach may diverge from the EU's MiCA and other jurisdictions, as portfolio management and investment advice on cryptoassets will not be regulated at this stage.
- Mining will remain unregulated, while the government plans to expedite exploratory work to clarify the regulatory treatment of staking activities.
See: FCA’s Expectations for UK Cryptoasset Businesses and the Travel Rule
- Delineation between Phases 1 and 2: The government provides greater clarity on the definitions and distinctions between regulated stablecoins and broader cryptoassets.
- Firms dealing directly with UK retail consumers will be required to obtain authorization, irrespective of their location.
The UK government's policy papers reflect a thoughtful and progressive approach to cryptoasset and stablecoin regulation, balancing innovation with consumer protection and financial stability.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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SBF’s Trial: Insight into Chaos & Mismanagement
Crypto | Oct 30, 2023
Image: Unsplash/Wesley Tingey
SBF Testifies, Revealing Chaos and Mismanagement at FTX
Sam Bankman-Fried took the stand and testified last Friday in the ongoing FTX trial providing insight into the chaotic environment that led to the collapse of one of the most prominent cryptocurrency exchanges.
SBF's testimony was a blend of admissions of incompetence and steadfast denials of wrongdoing. He claimed that the collapse of FTX was a result of maladministration rather than fraudulent activities. In a strategic move, SBF shifted the blame onto former colleagues, including Caroline Ellison, Gary Wang, and Nashid Singh, all of whom have already testified against him. This tactic aimed to paint a picture of a chaotic environment where mismanagement was rampant, but intentional deception was absent.
As the trial unfolds, it is impossible to ignore the cultural context in which SBF's actions and the subsequent legal proceedings are taking place. SBF's relationship with media, optics, and influencers has been a topic of much discussion and analysis of how SBF navigated the complex world of public perception and influence.
See: Key Moments Inside the SBF Trial: Days 1-12
Tiffany Fong, a prominent crypto influencer, has been at the forefront of this cultural exploration and had extensive interactions with Sam Bankman-Fried, visiting him more than 10 times at his childhood home during his house arrest. She documented her experiences and interactions with SBF, sharing them with her followers.
Her interactions with SBF provide a unique insight into his approach to media and public relations. SBF, aware of the power of optics and narrative, engaged with influencers like Fong to shape the narrative around him and FTX. Fong's relationship with SBF is explored in detail in this Rolling Stones article, highlighting her unique access to him during his house arrest and her efforts to share insights and information with the public.
SBF, facing seven charges of fraud and money laundering and claimed that the downfall was a result of maladministration rather than intentional fraud. This high-stakes legal battle is set to leave a lasting impact on the crypto industry. The trial is set to be with the jurors soon, with the jury's verdict eagerly anticipated by many.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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UK Releases Digital Asset Consultation Results
Regulation | Oct 30, 2023
Image: HM Treasury Report on Crypto Asset Regulation Oct 2023
UK Government's Cryptoasset Consultation Reveals Strong Support for Clear, Phased, and Balanced Regulatory Framework
The UK government has confirmed its intention to legislate the first set of rules to regulate the crypto sector, requiring market participants to be authorized before offering services to consumers. This move is in line with global trends, as the European Union has already started implementing comprehensive rules for cryptoasset markets. The UK's finance ministry is drawing lessons from the FTX collapse, focusing on cryptoassets and the underlying distributed ledger technology (DLT) to enhance the settlement of securities.
See: FCA’s Expectations for UK Cryptoasset Businesses and the Travel Rule
Acknowledging the distinct nature of cryptoassets, the UK is dedicated to developing bespoke rules tailored to the specific risks and opportunities presented by digital currencies. The proposed regulations will cover a wide range of activities, including trading, investments, and custody of cryptoassets. The government has actively sought input from various stakeholders through a public consultation, ensuring a well-informed and balanced regulatory framework.
Prominent Consultation Result Themes
- The government received 131 responses from a wide range of stakeholders, including crypto native firms, traditional financial services firms, industry associations, legal and consulting firms, consumer groups, and members of the public or academia. The feedback was mostly supportive, with 79% of respondents showing support for the government’s overall approach.
- Respondents called for clearer definitions and treatment of Non-Fungible Tokens (NFTs), utility tokens, and security tokens, emphasizing the need to distinguish between financial services use cases and other applications.
- There were concerns about the treatment of overseas firms and the applicability of existing exemptions, highlighting the need for clarity on market access policies.
- Stakeholders requested a more detailed delineation between phase 1 and phase 2 activities, and suggested a phased approach to implementation, particularly for market abuse surveillance obligations.
See: UK PRA Launches Diversity and Inclusion Consultation
- The feedback underscored the importance of distinguishing between services provided to professional versus retail consumers, and called for measures to minimize barriers to entry for smaller firms.
- Respondents highlighted the need for effective cross-border enforcement mechanisms and international coordination, and urged caution in regulating Decentralised Finance (DeFi) to avoid pre-empting international efforts.
- Stakeholders emphasized the importance of fostering innovation and ensuring the regulatory framework reflects the unique risks and opportunities associated with cryptoassets, including considerations for sustainability.
Overall, the feedback reflects a desire for a balanced, clear, and phased regulatory approach that supports innovation while ensuring consumer protection and market integrity.
Download the 94 page PDF consultation results report --> here
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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