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    Cryptoasset regulation: UK regulators give the industry a further glimpse of the future
    2023-11-27

    On 30 October 2023, HM Treasury (HMT) published three documents setting out how the UK government plans to regulate cryptoassets going forward:

    Filed under:
    United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, IT & Data Protection, Freshfields Bruckhaus Deringer, Cryptocurrency, Anti-money laundering, Non-fungible tokens, Financial Conduct Authority (UK), HM Treasury (UK), Bank of England, Payment Systems Regulator (UK), Prudential Regulation Authority (UK), Financial Services and Markets Act 2000 (UK), Financial Services and Markets Act 2023 (UK)
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    UK Cryptoasset Regulation: Three Key Updates
    2023-11-02

    On 30 October 2023, HM Treasury (“HMT”) published 3 key updates on its proposed approach to regulating cryptoassets under the UK’s financial services regulatory framework, namely:

    Filed under:
    United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, IT & Data Protection, CMS Cameron McKenna Nabarro Olswang LLP, Blockchain, Mediation, Cryptocurrency, Anti-money laundering, Non-fungible tokens, Financial Conduct Authority (UK), HM Treasury (UK), Bank of England, Payment Systems Regulator (UK)
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    The Payments Newsletter including Digital Assets & Blockchain, November 2023
    2023-12-06

    Key developments of interest over the last month include: IOSCO publishing its final Policy Recommendations for Crypto and Digital Asset (CDA) Markets; the UK government publishing a response to its previous consultation and call for evidence on proposals for the future financial services regulatory regime for digital assets as well as the FCA and Bank of England publishing proposals on the UK stablecoins regulatory regime; the European Parliament's ECON Committee publishing draft reports on the proposed PSD3 and Payment Services Regulation; and the UK government publishing a Future of Paym

    Filed under:
    European Union, Global, United Kingdom, Banking, Capital Markets, Compliance Management, Insolvency & Restructuring, IT & Data Protection, White Collar Crime, Hogan Lovells, Blockchain, Fintech, Cryptocurrency, Anti-money laundering, Anti-bribery and corruption, Financial Conduct Authority (UK), European Commission, European Parliament, European Banking Authority, HM Treasury (UK), Airbnb, HSBC, LinkedIn, Bank of England, European Central Bank, Payment Systems Regulator (UK), PayPal, Financial Services and Markets Act 2000 (UK), Banking Act 2009 (UK)
    Authors:
    Virginia Montgomery
    Location:
    European Union, Global, United Kingdom
    Firm:
    Hogan Lovells
    Understanding the Trends: A Review of Insolvency Litigation in Hong Kong in 2023
    2024-01-11

    Insolvency litigation witnessed intriguing developments across multiple aspects in Hong Kong in 2023, ranging from the court’s updated Practice Direction on Bankruptcy and Winding-Up Proceedings to on-going debate surrounding the interplay between insolvency proceedings and arbitration clauses. In this Legal Update, we examine major developments that unfolded. The key takeaways are: 1.

    Filed under:
    Hong Kong, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Mayer Brown, Liquidation, Cryptocurrency
    Location:
    Hong Kong
    Firm:
    Mayer Brown
    UK Government policy updates: Regulation of fiat-backed stablecoins and failure of systemic DSA firms
    2023-11-01

    On 30 October 2023, the UK government published an update on its legislative approach for regulating fiat-backed stablecoins, following on from its consultation on the UK regulatory approach to cryptoassets and stablecoins in January 2021, and the response to that consultation in April 2022. Alongside this, it published a response to its consultation on the approach to managing the failure of systemic digital settlement asset (DSA) (including stablecoin) firms.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, Hogan Lovells, Cryptocurrency, Financial Services and Markets Act 2000 (UK), Banking Act 2009 (UK), Financial Conduct Authority (UK), HM Treasury (UK), Bank of England
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    Cryptocurrency Brings Disruption to Bankruptcy Courts—What Parties Can Expect and the Open Issues Still To Be Resolved (Part Two)
    2023-10-18

    In this second part of our blog exploring the various issues courts need to address in applying the Bankruptcy Code to cryptocurrency, we expand upon our roadmap.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Squire Patton Boggs, Bitcoin, Cryptocurrency, Chapter 11, US Bankruptcy Code, US Securities and Exchange Commission, Office of Foreign Assets Control (USA), Commodity Futures Trading Commission (USA), Financial Crimes Enforcement Network (USA)
    Authors:
    Mark A. Salzberg , Justin Cloyd
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Cryptocurrency Brings Disruption to Bankruptcy Courts—What Parties Can Expect and the Open Issues Still To Be Resolved (Part One)
    2023-10-09

    Many authorities and commentators have considered cryptocurrencies, and the blockchains that undergird them, as a potentially disruptive force in the financial industry. Now, that disruption has made its way to a different side of finance—bankruptcy, and during the past year, the United States bankruptcy courts have had to confront many unexpected challenges involved in dealing with cryptocurrency.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Squire Patton Boggs, Blockchain, Bitcoin, Cryptocurrency
    Authors:
    Mark A. Salzberg , Justin Cloyd
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Germany leads the way with proposed legislation regulating crypto-assets safekeeping that will provide insolvency protection
    2023-09-21

    The European Markets in Crypto-Assets Regulation (Regulation (EU) 2023/1114 – MiCA), which entered into force on 29 June 2023, is a significant new regulation that will impact the treatment of cryptocurrencies and digital assets. MiCA requires the European Securities and Markets Authority (ESMA) to develop a series of regulatory technical standards (RTS) and implement technical standards (ITS) and Guidelines. Many of these regulations are to be developed in close cooperation with the European Banking Association (EBA).

    Filed under:
    Germany, Banking, Insolvency & Restructuring, IT & Data Protection, Squire Patton Boggs, Cryptoassets
    Authors:
    Dr Andreas Fillmann
    Location:
    Germany
    Firm:
    Squire Patton Boggs
    Three Arrows Capital Co-Founder Avoids Contempt and Sanctions in United States, But Bankruptcy Court Previews Worldwide Enforcement Options
    2023-08-25

    On June 27, 2022, Three Arrows Capital (“3AC”), a crypto hedge fund, commenced liquidation proceedings in the British Virgin Islands and thereafter filed recognition proceedings in, among other countries, the United States and Singapore.

    Filed under:
    British Virgin Islands, Global, USA, New York, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Squire Patton Boggs, Bankruptcy, Cryptoassets
    Authors:
    Kyle F. Arendsen
    Location:
    British Virgin Islands, Global, USA
    Firm:
    Squire Patton Boggs
    Winter Wears On: Celsius Court Rules That Certain Customer Deposits are Property of the Bankruptcy Estate
    2023-01-06

    Introduction

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Real Estate, Weil Gotshal & Manges LLP, Cryptocurrency, FTX
    Authors:
    Ronit J. Berkovich , Jessica Liou , John Marinelli
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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