@CaitlinLong_@uniformlaws@Prof_CarlaReyes@Andrea_Tosato For those reading along who are not US-based, the Uniform Commercial Code is a uniformly adopted set of state laws that govern commercial transactions in the US. This law is critical b/c it provides default rules & gaps fillers that bring predictability to commercial /4
@CaitlinLong_@uniformlaws@Prof_CarlaReyes@Andrea_Tosato@AmLawInst, another prominent group of legal scholars who work to clarify, modernize, & improve the law. They collaborated along with observers, like me, who participated to contribute subject matter specific insights. /6
@CaitlinLong_@uniformlaws@Prof_CarlaReyes@Andrea_Tosato@AmLawInst anyway, back to the proposal. The point of the UCC is to promote standardization in the law affecting commerical transactions- this standardization enables parties to more efficiently transact & provides order and predictiability if transactions fail /agreements are breached. /7
@CaitlinLong_@uniformlaws@Prof_CarlaReyes@Andrea_Tosato@AmLawInst It would also create rules to answer questions like " can I get good legal title to a #bitcoin that is purchased from a thief" & so on. These questions have been lurking in the background, unaddressed, until now. Once finalized if adopted by the states, /10
@CaitlinLong_@uniformlaws@Prof_CarlaReyes@Andrea_Tosato@AmLawInst this article would become the law for secured transactions involving these sorts of assets. I'm incredibly proud of the experienced practicioners, academics & colleagues from the "#crypto bar" & hope that the draft in its final form is well received by the States!
@CaitlinLong_@uniformlaws@Prof_CarlaReyes@Andrea_Tosato@AmLawInst Significant credit goes to the many law professors & experienced practitioners (most of whom aren't on twitter & aren't #crypto specialists) who in concert w/ the #crypto-fluent folks collaborated to craft a proposal that reflect the realities & practices of the #crypto industry.
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We've got a new proposed #SEC#token#safeharbor that would let issuers offer tokens in the US. It's big. But, what's new? How is it different from the prior proposal? What's new? You guessed it. It's unavoidable, It's inevitable. It's a #THREAD. Let's dive in/1
Right off the top, we have the elimination of the "good faith" provision that was previously implied upon the issuers in a(1) & of a(4) which required the issuer to act in good faith to "create liquidity for users." /2
New section a(5) includes reference to the new "Exit report" which is a new requirment defined and explained further down but tldr; its a report issued by the issuer's counsel that asserts whether the tokens will be a security or not after the 3 year period. Good inclusion /3
3 most significant changes: mandatory semi-annual updates to the plan of development disclosure and a block explorer; exit report requirement with analysis by outside counsel explaining why the network is decentralized or functional, or an announcement that the tokens will
Is #FINCEN coming for #NFT#Art markets? A thread about the #NDAA, Anti-Money Laundering Act of 2020 (AMLA), its expansion of BSA coverage to include “dealers in antiquities,” & what it might mean for the #crypto art world: (link to notice here: fincen.gov/sites/default/… ) /1
Why regulate transactions of antiquities (&maybe art)? The concern is that art & antiquities can be used for money laundering, to violate sanctions, & “have been linked to ...criminal networks, ...terrorism, & the persecution of individuals or groups on cultural grounds.” /2
On Jan. 1, 2021, Congress passed the NDAA, which expands existing anti-money laundering (AML) requirements on a variety of fronts, including the addition of “dealers in antiquities” to the definition of “financial institution.” /3
First, establish an government wide-policy. What do we want? Are we pro -innovation? Do want to protecting consumers? Do we want to strike a balance in the middle?Do we want to facilitate experimentation? How much control will the govt take over these experiments? /2
Do we want to make it easier or harder to launch businesses/reach consumers? To make an effective policy, we either need an interagency group, or a new freestanding group focused on the subject. Whoever tackles it, step 1, what do we want? /3
OFAC settlement w/@BitGo for apparently failing to prevent users accessing their online hot-wallet service via Crimea, Cuba, Iran, Sudan, & Syria IP addresses; service appears to be a non -custodial online wallet. Violaton of OFAC regs, NOT BSA . Let's look at the regs: /1
31 CFR 515.201, (i.e. Cuban Assets Control Regulations) prohibits transactions by foreign countries and their nationals including "...transfers, withdrawals, or exportations of, any property," /2
31 CFR 560.204 regarding Iran (defined as the Territority of Iran) also prohibits "exportation, reexportation, sale, or supply, ....from the United States....of any goods, technology, or services to Iran or the Government of Iran" /3
🚨🚨🚨BREAKING: clarity on how broker dealers should handle non-custodial digital asset securities transactions on ATS. 🚨🚨🚨 THREAD coming atcha /1
/1 since the Joint Staff Statement (July 8, 2019) which addressed BD custody & handling of trades of digital asset securities (sec.gov/news/public-st…) which emphasized consumer protection, it has not been clear how transactions on ATS should be conducted:
/2 The Joint Statement did not make clear how BDs should conduct these trades. Today's letter provides no action relief (i.e. if you do this specific thing, the SEC will not enforce against you) for a specific process flow for digital asset securities transactions by BDs