Category:Cryptocurrencies & ICOs

1
Plastic – that is so yesterday
2
Cryptocurrency 2018: When the Law Catches Up with Game-Changing Technology
3
Starbucks – a trust legitimiser for blockchain?
4
Hacking of digital currency exchange leaves Japanese company footing the bill
5
Digital currency exchange providers, do you need to register with AUSTRAC?
6
Is Bitcoin Islamic-compliant?
7
Bitcoin Remarks by UK FCA Head
8
SEC Cautions “Utility Token” Sponsors and ICO Market Intermediaries
9
UK Treasury looking to regulate cryptocurrencies
10
Cryptocurrency CFD Warning

Plastic – that is so yesterday

By Cameron Abbott and Samantha Tyrrell

Many readers won’t be surprised by a new report out of the US that mobile peer-to-peer (P2P) payment services are now more popular than ever. However, it may be surprising to readers that the flipside of this increase is that our use of plastic money is on the decline, with a future free of debit cards potentially on the horizon.

Read More

Cryptocurrency 2018: When the Law Catches Up with Game-Changing Technology

By David E. Fialkow, Edward J. Mikolinksi and Jack S. BrodskyBlockchain technology and the virtual currency, or cryptocurrency, that uses this technology are revolutionizing the way businesses function and deliver goods and services. Even as cryptocurrency becomes a widely debated topic, gaining the critical attention of regulators and policymakers, individuals and businesses are investing billions of dollars in cryptocurrency annually. To understand how blockchain and cryptocurrency may impact you, your business, and your industry, it is important to understand what cryptocurrency is and how the underlying blockchain works. This article provides a brief introduction to these concepts as well as a primer on cryptocurrency legal issues.  To read the full article, click here.

 

Starbucks – a trust legitimiser for blockchain?

By Cameron Abbott and Samantha Tyrrell

In a recent quarterly investor call, Starbucks’ Chairman Howard Schultz discussed the possibility of incorporating blockchain technology into Starbucks’ impressive digital repertoire.

Starbucks’ commitment to being a first mover when it comes to disruptive technology has already resulted in the hugely successful implementation of its mobile payment app, launched in 2015. The app allows users to order, pay and accrue rewards remotely and now accounts for nearly one third of Starbucks’ US transactions. According to Schultz, these figures may warrant a move towards integrating some entirely cashless stores throughout the US.

Read More

Hacking of digital currency exchange leaves Japanese company footing the bill

By Cameron Abbott and Allison Wallace

Coincheck – one of Japan’s largest digital currency exchanges – says it will repay hundreds of millions of dollars’ worth of virtual money, after hackers broke into its network, stealing a reporting 58 billion yen (AUD660 million) worth of NEM (a cryptocurrency like Bitcoin).

Hackers broke into the Coincheck network early Friday morning, but it wasn’t discovered until nearly eight and a half hours later. Read More

Digital currency exchange providers, do you need to register with AUSTRAC?

By Jim Bulling and Michelle Chasser

Australian anti-money laundering regulator AUSTRAC has released draft AML/CTF Rules for consultation following recently passed amendments to the Anti-Money Laundering and Counter-Terrorism Financing Act which expand Australia’s AML/CTF regime to digital currency exchanges. The amendments will come into effect from the date of Proclamation which is expected to be 1 April 2018.

Under the amendments exchanging digital currency for money (whether Australian or not) or exchanging money (whether Australian or not) for digital currency, where the exchange is provided in the course of carrying on a digital currency exchange business will attract obligations under the AML/CTF regime. Notably, exchanging one digital currency for another will not be regulated.

Read More

Is Bitcoin Islamic-compliant?

By Jonathan Lawrence

In a recent research paper, Mufti Faraz Adam has considered whether Bitcoin is Islamic-compliant. This is an important area of interest given the growing Islamic finance market which is expected to be worth more than US$6.5 trillion by 2020. The paper examines whether Bitcoin is money, a commodity or something else entirely.

Read More

Bitcoin Remarks by UK FCA Head

By Jonathan Lawrence

Andrew Bailey, the Chief Executive of the UK Financial Conduct Authority (FCA), recently gave an interview to the BBC in connection with bitcoin. In remarks on 14 December, Mr Bailey said that he currently sees no systemic risk in bitcoin and is not pushing the UK government to make the cryptocurrency part of the FCA’s regulatory remit. He emphasised that investors should be prepared to lose everything if they buy bitcoin, however as long as people understood the risks of what he termed “a very volatile commodity”, he would not press the UK government to legislate that the FCA regulate it. He said “I don’t think bitcoin is prevalent enough at the moment to be a systemic threat in the way we experienced during the financial crisis other threats; it needs watching carefully but I don’t think we’re there yet… If I thought there was evidence of people saying: ‘You know what I’m going to put my pension into? bitcoin!’ I’d be very concerned, but we don’t see that at the moment.”.

Read More

SEC Cautions “Utility Token” Sponsors and ICO Market Intermediaries

By Robert M. Crea

On December 11, 2017, the SEC released a cease-and-desist order against a purported “utility token” sold by Munchee Inc. (“Munchee”) and a statement by Jay Clayton on Cryptocurrencies and Initial Coin Offerings.  Two takeaways:

  1. The SEC will scrutinize so-called “utility tokens” under the Howey test, and Chairman Clayton believes that most token sales he’s seen constitute securities offerings.  The familiarity of the Munchee utility framework to other token offerings coupled with Chairman Clayton’s Statement could very well chill the market for utility tokens seeking to avoid application of federal securities laws.
  2. The SEC expects intermediaries operating in crypto, specifically law firms, accountants, consultants and broker-dealers, to be “gatekeepers” of investor protection.

We will be providing a fuller analysis in the next several days.

UK Treasury looking to regulate cryptocurrencies

By Jonathan Lawrence

The UK Treasury is looking to regulate cryptocurrencies. Stephen Barclay, the economic secretary to the UK Treasury, recently answered a Parliamentary question as to what steps his department was taking to regulate (a) Bitcoin and (b) other cryptocurrencies. Mr Barclay answered that the UK government is currently negotiating amendments to the European Union (EU) Fourth Anti-Money Laundering Directive that will bring virtual currency exchange platforms and custodian wallet providers into Anti-Money Laundering and Counter-Terrorist Financing regulation, which will result in these firms’ activities being overseen by national competent authorities for these areas. He said that the UK government supports the intention behind these amendments. They expect these negotiations to conclude at an EU level in late 2017/early 2018. This development follows a recent UK Financial Conduct Authority warning on cryptocurrencies.

Cryptocurrency CFD Warning

By Jonathan Lawrence

The UK Financial Conduct Authority (FCA) has recently issued a consumer warning about contracts for differences (CFDs), including financial spread bets, with cryptocurrencies as the underlying investment.

CFDs are complex financial instruments which allow speculation on the price of an asset. CFDs are typically offered with leverage which means a consumer only need to put down a portion of the investment’s total value. However leverage also multiplies the impact of price changes on both profits and losses. Cryptocurrency CFDs allow investors to speculate on a change in price of a cryptocurrency such as Bitcoin or Ethereum. They have experienced significant price volatility in the past year which, in combination with leverage, places consumers at risk of suffering significant losses.

Read More

Copyright © 2024, K&L Gates LLP. All Rights Reserved.