ARTICLE
18 January 2021

FinCEN Extends Comment Deadline For CVC And Digital Asset Transactions Proposal

CW
Cadwalader, Wickersham & Taft LLP

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Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
FinCEN extended comment periods on a proposal concerning transactions that involve convertible virtual currency and digital assets with legal tender status.
United States Technology
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FinCEN extended comment periods on a proposal concerning transactions that involve certain convertible virtual currency ("CVC") and digital assets with legal tender status ("LTDA"). (See previous coverage). The proposal would impose reporting, recordkeeping and identity-verification requirements on banks and money service businesses ("MSBs") in connection with certain CVC and LTDA transactions.

In its Notice, FinCEN reopened the comment period which expired on January 4, 2021. FinCEN extended (i) by an additional 15 days, the comment period on proposed reporting requirements for CVC or LTDA transactions greater than $10,000, and (ii) by an additional 45 days, the comment period on a proposed requirement that banks and MSBs verify certain information regarding CVC or LTDA payment recipients.

Primary Sources

  1. FinCEN Press Release: FinCEN Extends Comment Period for Rule Aimed at Closing Anti-Money Laundering Regulatory Gaps for Certain Convertible Virtual Currency and Digital Asset Transactions
  2. Federal Register: Requirements for Certain Transactions Involving Convertible Virtual Currency or Digital Assets

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