Recently, the SEC has proposed amendments to Regulation ATS, which aims to bring Alternative Trading Systems (ATS) that trade any non-firm interests and provide communication protocols for trading between buyers and sellers for any type of security. These proposed rules (while not mentioning blockchain assets) would require any entity dealing with the exchange, trade, or settlement of a cryptocurrency or NFT asset or security to register as either an exchange or broker-dealer.
Christopher Warren, Managing Partner at Warren Law Group states, “This is Gary Gensler’s steady expansion of the SEC’s role in the regulation of decentralized alternative trading systems such as crypto and NFT exchanges. The amended proposed rule by the SEC will expand to include, at least, crypto markets, money services businesses, and NFT marketplaces. The SEC’s proposed amendments could cause a major shift in how blockchain assets are regulated by federal securities laws and are subject to SEC enforcement.”
If you are CTO or CCO for a crypto or NFT exchange or marketplace, you may be required to register as a Broker-Dealer. It is critical that you seek proper regulatory counsel to ensure you are not engaged in acts that are a violation of federal securities laws. To schedule your complimentary consultation, contact the attorneys at Warren Law Group at (866) WLGROUP, or email firstname.lastname@example.org.