Compliance Solutions Strategies Named to CyberTech100
CSS awarded for its technology and service offerings which enable clients to take a proactive approach to cybersecurity risk management
NEW YORK, May 31, 2022 – Compliance Solutions Strategies (“CSS”), a Confluence Company, a leading RegTech platform providing technology-driven solutions which assist financial services firms in meeting their regulatory compliance requirements, today announced its inclusion in the CyberTech100. Compiled by FinTech Global with winners selected by a panel of industry experts and analysts, the annual list recognizes the world’s 100 most innovative providers of digital solutions helping financial services firms fight off cyberattacks and protect their data assets.
The CyberTech industry has experienced tremendous growth as recent well-publicized cyberattacks have resulted in extensive disruptions to the global supply chain. A combination of factors is driving increasing levels of vulnerability. As all companies become increasingly reliant on technology and data management infrastructures, cyberattacks are growing in number, complexity and sophistication.
CSS addresses regulatory, business and operational risks across the global investment management industry, supporting a broad scope of institutional asset managers, hedge funds, private equity firms and insurance companies as well as retail wealth advisers. With its selection to the CyberTech 100, CSS continues to build momentum and deliver market-leading cybersecurity solutions and services for dark web monitoring, policy and procedure development and review, security testing, cyber training and risk assessments. CSS’s expertise in regulations governing the protection and use of personally identifiable information (PII), such as GDPR and the California Consumer Protection Act (CCPA), as well as CSS’ services to address new cybersecurity risk management rules proposed by the Securities and Exchange Commission, are increasingly being leveraged by investment managers and advisers seeking to implement the controls necessary for properly managing data related to investors and employees.
“We’re thrilled to be included among the world’s most innovative cybersecurity companies again,” said E.J. Yerzak, Head of Cyber IT Services at CSS. “CSS uses AI-based technology backed by in-house regulatory and cybersecurity expertise to partner with firms in the development of a comprehensive cybersecurity risk management program. The latest cyber news has accelerated the need for clients to take a more proactive approach to evolving the strength and maturity of their cybersecurity defenses.”
The Securities and Futures Commission (SFC) proposes changes to the position limit regime in Hong Kong
“A few days ago, the Securities and Futures Commission (SFC) in Hong Kong issued a consultation paper on proposed changes to the position limit regime for listed futures and options contracts. The main proposals therein are as follows:
- to include additional futures and options contracts bound by position limits, as well as to revise the aggregate position limits and the spot month for certain contracts;
- to include reportable positions for futures and options contracts traded during holidays (complemented by the launch HKEX Derivatives Holiday Trading program on 9 May 2022);
- to establish that the statutory prescribed limits and reportable positions should be applied to each unit trust and sub-fund under an umbrella fund as if it were a stand-alone fund;
- to include a wider range of contracts which may be authorised by the SFC for excess positions;
- to introduce an authorisation mechanism for a clearing participant (CP) to hold excess positions when providing clearing services and prescribing position limits and reportable positions in relation to certain futures and options contracts launched by the HKEX;
- to ensure that CPs have no “discretion” in relation to clearing clients’ positions.
Written comments on the proposals may be submitted until 27 June 2022. After the end of the consultation period, a consultation conclusions paper will be published.”
The UK’s FCA shares a provisional timeline for UK EMIR Refit
The FCA have indicated in a round table with trade associations a rough timeline for when they expect to issue supporting documentation and validation rules ahead of a full go-live of the new EMIR reporting requirements.
The FCA have indicated that they expect to have published the supporting documentation and validation rules in or around Q4 2022. Following this and given the 18-month implementation period, the FCA have outlined provisionally that they expect go-live to occur around September/October 2024. Please note that these are merely indications from the FCA and may be subject to change.
Observations from the Bitcoin Conference 2022: The Future is Now!
The Bitcoin 2022 Conference, held in South Beach April 6-9, was very well attended with upwards of 25,000 attendees, a marked increase over the 12,000 attendees in 2021. The conference was organized by Cash App (a mobile payment service developed by Block, Inc.) and supported by a wide variety of companies that are committed to furthering Bitcoin adoption and blockchain technology. Many of the common themes highlighted throughout the conference (no surprises here) included the importance of Bitcoin as a decentralized currency, not subject to central bank control, and the growing acceptance of Bitcoin as an asset class in a diversified portfolio, in particular, at the institutional asset class level. But wait, another noteworthy theme mentioned, hold on to your seats, was the need for more government regulation – yes, calls for more regulation were touted on various panels, as discussed below, as a trigger to drive increased Bitcoin acceptance as an asset class. Overall, the conference agenda was far reaching and provocative, touching on a range of Bitcoin related topics, including macro-economic issues, valuation, payment systems, custody and the impact of Bitcoin on global security policies.
Some notable observations – first, there were fewer Bitcoin price predictions this year, unlike last year’s conference when price predictions of $250,000 and higher (much higher, actually) by 2023 were frequent. Why fewer? Perhaps, because Bitcoin is down 8% YTD and about 27% over the last year. I guess that explains some of that.
At last year’s Bitcoin Conference, there was much discussion of the expansion of institutional acceptance of crypto currencies as an asset class. This year, the focus seemed to be on how to accelerate this process with industry support of public policies that invite more regulation. The crypto industry understands that more regulation is needed to gain the confidence of institutional investors, including pension funds, to accelerate the pace of institutional acceptance of crypto as an asset class.
On this note, to help further this acceptance and allay institutional investor concerns, a number of eco-system vendors provide on-ramp KYC and AML screening in the blockchain space, much like the AML vendors, such as Equifax, in the financial services space now. Ironically, with regards to money laundering, one of the presenters pointed out that crypto is one of the worst places to launder money due to the transparency of blockchain transactions. Illustrative of this point, back in February, the DOJ arrested two individuals in Manhattan for an alleged conspiracy to launder cryptocurrency that was stolen during the 2016 hack of Bitfinex, a virtual currency exchange, presently valued at approximately $4.5 billion. Thus far, law enforcement has seized over $3.6 billion in cryptocurrency linked to that hack.
Another huge factor in promoting institutional crypto acceptance is the need to provide safe, secure custody. Crypto custody systems are becoming more sophisticated to address traditional custody concerns. There were technical discussions of off-line, multi-layered cold storage ( no internet access) encrypted systems to ensure crypto security to prevent hackers from stealing coins. Remember, no SIPIC or FDIC funds exist in this space, at least not yet, to help provide a sense of security for investors and, overall, private crypto insurance is still a nascent industry, and protection is quite limited.
There was much discussion of the impact of blockchain on our banking industry (including financial services too as part of the banking space). In short, the banking industry will continue to be transformed by blockchain technology over the next 20 years. Banks as we know them today will not survive unless they adapt their business models to blockchain. Disintermediation will take hold and disrupt the exiting banking structures and it’s already occurring. In the financial services space today, there are layers of financial intermediaries in place to conduct securities transactions starting with investment advisers/broker-dealers, all of whom use a custodian, all of whom route orders for execution, and finally, all of whom rely on the clearing agencies to act as the back-office custodians and paymasters for the industry. With blockchain, it’s one stop shopping as you can open an account at a crypto exchange where your crypto transaction will be executed and, likely, be custodied.
Changes in the industry are starting already as Wall Street titans, including Apollo, BlackRock, Blackstone, BNY Mellon, Carlyle, KKR, Morgan Stanley, State Street, UBS, and WestCap, are backing a new consortium led by iCapital that will build a distributed ledger-based system for alternative assets. The above is reminiscent of the days when the titans of the financial services industry banded together to push for the formation of the clearing agencies to net settle and custody securities transactions through the clearing agencies.
Other examples of these changes include:
- IBM is carefully positioning its hardware security and cloud computing capabilities around the safekeeping of cryptocurrencies and digital assets. IBM’s aim is to leverage their existing reputation and relationships with banks and governments as enterprises adopt public blockchains.
- Kraken Bank, the Wyoming subsidiary of Kraken’s crypto exchange, is inching closer to gaining a Federal Reserve Master Account, which would allow it to deposit funds with the US central bank and access the global payments system. It was recently granted a routing number by the American Bankers Association, a key first step towards gaining Federal Reserve access.
Of course, the Bitcoin conference wouldn’t be complete without its share of outspoken public figures weighing in on various macro-economic and crypto issues. Kevin O’Leary, of Shark Tank fame, is rather optimistic about the growth of crypto as an asset class and predicted that crypto will become the 12th sector of the S&P 500 index once more thoughtful regulation is enacted. O’Leary pointed to the recent Presidential Order entitled, “Ensuring Responsible Development of Digital Assets” as a promising step in this direction. Billionaire Ricardo Salinas explained that about 60% of his portfolio is in Bitcoin and opined that current U.S. monetary policy resembles Mexico in the 1980s when hyper-inflation was on a rampage in Mexico due to irresponsible monetary policies. He further criticized central bank control of fiat currency money supply (with a focus on, the Fed, of course), which can result in severe inflationary pressures, a theme echoed by others at the conference.
Peter Theil, billionaire founder of PayPal, said Bitcoin, “is a movement, and it’s a political question whether this movement is going to succeed, or whether the enemies of the movement will succeed in stopping us.” Theil dedicated the end of his remarks to slamming enemies of Bitcoin, calling them the “gerontocracy,” including Warren Buffett, who he labeled “enemy number one”. JP Morgan CEO Jamie Dimon and the rest of the “New York City banker boys” and BlackRock CEO Larry Fink were also mentioned as Bitcoin enemies by Theil.
Finally, and perhaps the most important take away from the conference, several speakers noted that the U.S. is at an inflexion point and that prudent crypto regulations and laws are needed now to support the blockchain eco-system technology advances to ensure that the U.S. retains its leadership role in this space. Losing its leadership role to China could be disastrous for the U.S. as China could attempt to impose some level of state monitoring or control on the blockchain, in conjunction with their ongoing efforts to replace the U.S. dollar as the world’s reserve currency.
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European Commission revised RTSs detailing ESG disclosures
Financial advisors and market participants take note: Last week the European Commission bundled and published revised RTSs detailing ESG disclosures required under SFDR and the Taxonomy Regulation. Minor changes affect the templates you need for your SFDR “principal adverse impact” statements, pre-contractual disclosures and periodic statements. The revised RTSs, expected to be approved by the European Parliament and Council in due course, are scheduled to apply from 1 January 2023. For further information, see the Commission’s information page and the new RTSs here.
To Elon Musk: there’s an app for that. It’s called Signal.
The “Technoking and Chief Executive Officer of Tesla”, who on March 14th surpassed a 5% ownership threshold in the social media platform Twitter according to his Schedule 13G filing dated April 4th, appears to have made that filing late. Musk checked the box “Rule 13d-1(c)”, which denotes “Passive Investor” eligibility and triggers a filing deadline of 10 days after surpassing 5% (in other words, a deadline of March 24th). While it remains to be seen what fine the SEC may impose upon Musk, who’s stake in Twitter currently stands at 9.2%, it has been observed that Musk may have greatly benefitted financially from his filing delay, given his continuing purchases of Twitter stock before his filing (a public disclosure which sent Twitter share prices sharply higher).
In addition, Musk’s 5%+ stake may have required filing a different filing form according to some. That’s because his “Passive Investor” eligibility has been called into question, based on his apparent negotiations for a seat on Twitter’s Board as well as public comments about Twitter’s policies. Generally under SEC rules, an active investor surpassing 5% must instead file a more comprehensive Schedule 13D form, due 10 days after exceeding the 5% threshold. Musk did file a Schedule 13D dated April 5th, stating in that filing that his written agreement to become a Twitter Board member took place on April 4th (the implication being that his status as an active investor arose on that date and not before). To learn more about 13G filers, view our previous Coffee & Regs post on the topic.
Our Signal product tracks holdings, alerts you when you reach a filing threshold and provides regulatory support. To see a demo, please click here.
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