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HKMA Launches Project Ensemble Sandbox to Advance Tokenisation in Financial Sector
On 28 August, 2024, the Hong Kong Monetary Authority (HKMA) officially launched the Project Ensemble Sandbox today, for the practical adoption of tokenisation within the financial industry. The launch ceremony introduced four key themes for the initial round of experimentation, focusing on the tokenisation of both traditional financial assets and real-world assets. The Sandbox has been specifically designed to facilitate interbank settlement using experimental tokenised money, with a focus on transactions involving tokenised assets. Participating banks from the Project Ensemble Architecture Community have connected their tokenised deposit platforms to the Sandbox, enabling them to conduct experiments in payment-versus-payment and delivery-versus-payment settlement processes. The first round of experimentation within the Sandbox will cover four main theme areas: fixed income and investment funds, liquidity management, green and sustainable finance, and trade and supply chain finance....
US SEC Enhances Reporting Requirements for Investment Companies and Issues Guidance on Liquidity Risk Management
On 28 August, 2024, the U.S. Securities and Exchange Commission (US SEC) announced new amendments to reporting requirements for certain registered investment companies, aimed at improving transparency and regulatory oversight. These changes, which affect Form N-PORT filings, are designed to provide both the SEC and investors with more timely and detailed information about the portfolio holdings of these funds. The US SEC's amendments to Form N-PORT will require registered open-end funds, registered closed-end funds, and exchange-traded funds organised as unit investment trusts to file monthly reports instead of the current quarterly filings. These reports will need to be submitted within 30 days after the end of each month. Previously, funds had a 60-day window after the end of each quarter to submit these reports. These monthly reports will be made publicly available 60 days after the end of each month, rather than only at the end of each quarter. This change is expected to...
ASIC Against Greenwashing: Strict Sustainability Reporting Reforms
On 23 August 2024, the Australian Securities and Investments Commission (ASIC) announced a series of regulatory interventions aimed at curbing greenwashing misconduct in the sustainable finance sector. Over a 15-month period leading up to 30 June 2024, ASIC undertook 47 actions, including the initiation of two Federal Court proceedings and the issuance of over $123,000 in infringement notice payments. These efforts are detailed in Report 791: ASIC’s Interventions on Greenwashing Misconduct: 2023–2024 (REP 791), which outlines the regulator’s ongoing commitment to addressing misleading and deceptive conduct related to sustainability claims. Over this period, ASIC made significant interventions in its fight against greenwashing. These actions includes the commencement of two civil penalty proceedings, the finalization of one civil penalty case resulting in $11.3 million in penalties, the issuance of eight infringement notices, and the achievement of 37 corrective disclosure outcomes,...
FINMA Tightens Oversight on VASPs: Elevates IT and Cybersecurity Standards in Latest Audit Forms
On 27 August 2024, the Swiss Financial Market Supervisory Authority (FINMA) published two new set of audit forms i.e. GB-A Regulatory audit report investment companies with variable capital (SICAV) 2024 & GB-A Regulatory audit report fund management companies 2024 to enhance oversight of Virtual Asset Service Providers (VASPs). Applicable to financial years beginning on or after 1 January 2024, these forms introduce rigorous reporting and compliance requirements for financial institutions engaged in virtual asset activities. This move is seen as a critical step in ensuring the security and transparency of Switzerland’s financial sector in the rapidly evolving digital asset landscape. The newly issued audit forms for fund management companies and investment companies with variable capital (SICAV) are designed to include comprehensive evaluations of the involvement of VASPs. These forms mandate detailed disclosures and assessments related to anti-money laundering (AML) measures,...
Commonwealth Secretariat Launches AI-Driven Policy Tool, StrategusAI, to Enhance Governance Across Member States
On 16 August 2024, the Commonwealth Secretariat and Intel Corporation, in collaboration, launched StrategusAI, an innovative Artificial Intelligence (AI) toolkit designed to transform the way member governments develop and implement policies. This tool aims to help governments across the Commonwealth by addressing challenges and leveraging the opportunities that AI presents. StrategusAI represents a significant advancement in policy development, enabling governments to create data-driven, informed strategies that integrate global best practices while addressing local needs. The launch of StrategusAI solidifies the Commonwealth's commitment to closing the digital divide and fostering economic resilience among its member states. By equipping policymakers of member states with this cutting-edge technology, the Commonwealth Secretariat and Intel Corporation are ensuring that governments can effectively harness the power of AI to drive progress and innovation, making this an important...
U.S. Copyright Office: Need for Federal Protections Against AI-Generated Digital Replicas
On 15 July 2024, the U.S. Copyright Office released a Report titled "Copyright and Artificial Intelligence, Part 1: Digital Replicas." The Report explores the complex relationship between copyright law and the rapidly advancing capabilities of artificial intelligence (AI). Specifically, the report focuses on digital replicas, which are realistic digital reproductions of an individual's voice, appearance, or other personal attributes created using AI technologies. These replicas can be so lifelike that they are often indistinguishable from authentic content. While AI offers exciting opportunities for creative expression, the emergence of digital replicas has raised significant legal and ethical concerns, particularly regarding unauthorised use and the protection of personal identity. The report identifies several critical lacunas in the existing legal frameworks that fail to adequately address the challenges posed by digital replicas. Firstly, current copyright laws are fundamentally...
Australian Federal Court Delivers Landmark Judgment Penalising Kraken Crypto Exchange
On 23 August 2024, the Federal Court of Australia delivered a landmark judgment against Bit Trade Pty Ltd, the operator of the Kraken cryptocurrency exchange in Australia. In the judgment, the apex court found that Bit Trade had failed to comply with critical design and distribution obligations (DDO) under the Corporations Act 2001 when offering its margin trading product, known as the "margin extension," to Australian customers. This judgment marks a significant victory for the Australian Securities and Investments Commission (ASIC) in its ongoing efforts to regulate the cryptocurrency sector and protect consumers. Bit Trade Pty Ltd, a subsidiary of the U.S.-based Payward Inc., operates the Kraken digital currency exchange in Australia. Since its acquisition by Payward in 2020, Bit Trade has provided Australian customers access to the Kraken Exchange, allowing them to trade digital assets such as Bitcoin and other cryptocurrencies. Central to the case was Bit Trade’s "margin...
ASIC’s Corporate Plan 2024-25 Embraces Blockchain, Virtual Assets, and CBDCs in Financial Landscape
On 22 August 2024, the Australian Securities and Investments Commission (ASIC) unveiled its much-anticipated Corporate Plan for 2024-25, setting the stage for a transformative approach to regulating the nation’s financial markets in the digital age. As digital currencies, blockchain technologies, and virtual assets continue to gain prominence, ASIC's plan emphasizes the critical importance of both innovation and consumer protection in this rapidly evolving landscape. The plan, which outlines ASIC’s strategic priorities over the next year, is deeply rooted in the realities of today’s financial environment. The rise of cryptocurrencies and the increasing use of blockchain technology have fundamentally altered the way financial transactions are conducted, presenting both opportunities and challenges for regulators. ASIC acknowledges these shifts and has positioned itself as a forward-looking regulator, committed to adapting its strategies to manage these new dynamics effectively. One of...
SFC Warns Public Against Fraudulent “ICE Global Professional Station” Platform Impersonating Intercontinental Exchange
On 21 August 2024, the Securities and Futures Commission (SFC) issued warning to the public regarding a fraudulent digital platform known as "ICE Global Professional Station," which has been linked to various virtual asset-related scams and illicit activities. "ICE Global Professional Station" deceptively presents itself as a legitimate digital asset trading platform by impersonating Intercontinental Exchange, Inc. (ICE), a globally recognized and reputable financial services corporation. The fraudulent platform utilizes similar branding and nomenclature to mislead investors into believing they are engaging with a credible and authorized entity. The SFC's warning comes after numerous reports from investors who have suffered significant financial losses due to the platform's deceitful practices. Victims have reported severe difficulties in withdrawing funds after making deposits for cryptocurrency and other digital asset investments through the platform. These manipulative tactics...
Tether Announces Launch of Dirham-Pegged Stablecoin
On 20 August 2024, Tether, the world’s largest issuer of stablecoins, announced the launch of a new stablecoin pegged to the UAE Dirham (AED). This development marks a strategic collaboration between Tether and UAE-based companies, Phoenix Group and Green Acorn Investments, aiming to introduce a digital asset fully backed by liquid reserves within the UAE. The new Dirham-pegged stablecoin is expected to play a pivotal role in enhancing financial transactions both within the UAE and on an international scale, offering a secure and efficient means for trade, remittances, and reducing transaction costs. The introduction of this stablecoin comes as the UAE continues to assert itself as a global economic hub, particularly in the areas of blockchain and digital assets. With the implementation of the UAE Central Bank's Payment Token Services Regulation (PTRS), the Dirham-pegged stablecoin will be launched under a robust regulatory framework designed to ensure its stability and security. The...
SEC Updates Definition of Qualifying Venture Capital Funds with Inflation Adjustment
On 21 August, 2024, the Securities and Exchange Commission (SEC) adopted a rule change affecting the venture capital industry by adjusting the dollar threshold required for a fund to qualify as a "qualifying venture capital fund" under the Investment Company Act of 1940. This adjustment is mandated by the Economic Growth, Regulatory Relief, and Consumer Protection Act of 2018 (EGRRCPA), which requires the SEC to update this threshold every five years to account for inflation. Crypto venture capital funds, like their traditional counterparts, benefit from being classified as "qualifying venture capital funds" under the Investment Company Act because this classification exempts them from the more stringent regulations that apply to investment companies. The SEC's proposed rule adjustment to increase the threshold for qualifying venture capital funds to $12 million is a positive development for the crypto industry. It provides more flexibility for crypto venture capital funds to raise...
SEC Approves Updated PCAOB Audit Standards: Addresses Auditor Responsibilities, Contributory Liability Rule and Technology Use
On 20 August, 2024, the Securities and Exchange Commission (SEC) announced the approval of updates to the Public Company Accounting Oversight Board (PCAOB) audit standards, which will take effect for audits of financial statements beginning from 15 December, 2024. These changes include updated standards on general auditor responsibilities, the incorporation of technology-assisted analysis in audit procedures, and a significant amendment to the PCAOB’s contributory liability rule for associated persons of audit firms. The SEC has endorsed the PCAOB's new AS 1000, "General Responsibilities of the Auditor in Conducting an Audit," which modernizes and consolidates the principles governing an auditor’s duties. This standard emphasizes the auditor’s role in safeguarding investor interests by ensuring the issuance of accurate, independent reports. It also reinforces the need for auditors to exercise due professional care, skepticism, and judgment while adhering to stringent ethics and...
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