On Jan. 1, 2021, the U.S. Senate overwhelmingly voted (81-13) to override President Trump’s veto of the National Defense Authorization Act for Fiscal Year 20211, passing into law legislation that includes – as Division F – the Anti-Money Laundering Act of 2020 (AML Act).2 This GT Alert provides an overview of the important themes and significant provisions of the AML Act.
Continue reading the full GT Alert, “The Anti-Money Laundering Act of 2020: Congress …
On Jan. 1, 2021, the U.S. Senate joined the House in voting to override President Trump’s veto of the National Defense Authorization Act of 2021 (NDAA), which includes several new anti-money laundering (AML) provisions that may be of keen interest to dealers and other participants in the art and antiquities markets. The legislation comes on the heels of a lengthy report issued by the Senate’s Permanent Subcommittee on Investigation in mid-2020, entitled The Art Industry …
On Dec. 21, 2020, Congress approved H.R. 133, referred to as the “Consolidated Appropriations Act, 2021” (the Act). The legislation, signed into law by President Trump on Dec. 27, 2020, enhances and expands certain provisions of the Coronavirus Aid, Relief, and Economic Security Act of 2020 (the CARES Act) (H.R. 748) and changes the Paycheck Protection Program (PPP) administered by the U.S. Department of the Treasury’s Small Business Administration (SBA) by (i) authorizing additional liquidity…
On Dec. 18, 2020, the U.S. Department of the Treasury, Financial Crimes Enforcement Network (FinCEN) published a notice of proposed rulemaking (NPRM) that would impose on banks and money services businesses (MSBs) new recordkeeping, reporting, and identity verification requirements for certain transactions involving convertible virtual currency (CVC) and digital assets with legal tender status (LTDA) held in “unhosted wallets,” i.e., wallets not hosted by a financial institution, or “otherwise covered wallets,” i.e., wallets held at a financial…
The National Association of Insurance Commissioners (NAIC) Fall 2020 National Meeting was held virtually on Dec. 3-4 and Dec. 7-9. Greenberg Traurig attended many of the sessions, and we are pleased provide you with summaries of some of the discussions and actions that took place during the national meeting through the following link: GT Recap | NAIC Fall 2020 National Meeting. If you have any questions, please contact Fred Karlinsky or Rich Fidei.…
On Sept. 25, 2020, California Gov. Gavin Newsom signed into law the California Consumer Financial Protection Law (CCFPL), which was passed by the California Legislature Aug. 31, 2020. The provisions of the CCFPL become effective Jan. 1, 2021.
The stated intent of the CCFPL is to “strengthen consumer protections by expanding the ability of the State of California to improve accountability and transparency in the California financial system, provide consumer financial education, and protect…
Natural Disasters are getting worse. In the wake of disasters such as Hurricane Laura, Hurricane Sally, and the wildfires that recently ravaged the western region of the United States, millions of Americans are seeking to donate to those impacted, and/or invest in infrastructure involved in cleanup, repair, and recovery efforts.1 Capitalizing on charity and comradery, fraudulent fundraisers and investments have become more prevalent. These schemes are created with the intention of taking advantage of…
On Oct. 23, 2020, the U.S. Department of the Treasury, Financial Crimes Enforcement Network (FinCEN) and the Board of Governors of the Federal Reserve System (FRB) (FinCEN and the FRB collectively, the Agencies), issued a joint notice of proposed rulemaking (Proposed Rule) that would amend the Recordkeeping Rule and Travel Rule regulations issued under the Bank Secrecy Act (BSA).
Read the full GT Alert, “FRB and FinCEN Propose Significant Amendments to Recordkeeping and Travel …
On Oct. 7, 2020, the U.S. Securities and Exchange Commission (SEC) held an open meeting and issued a notice proposing a conditional exemption from securities broker-dealer registration under Section 15 of the Securities Exchange Act of 1934 for “finders” who assist entrepreneurs and issuers in raising capital through private placements sold to accredited investors (the proposal). The proposal would create two tiers of finders who, if all conditions are satisfied, would allow such finders to…
On Sept. 25, 2020, the SEC issued a No-Action Letter to FINRA, in response to a previously issued Joint Statement by the SEC and FINRA. This No-Action Letter detailed how broker-dealers could operate alternative trading systems that trade digital assets without garnering enforcement action from the SEC for not meeting the custody requirements required under Rule 15c3-3.
Read the full GT Alert, “SEC Issues No-Action Letter Facilitating the Secondary Trading of Digital Assets.”…