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Euro Fintech Core > Virtual Banking > NYDFS Issues Guidelines to Protect Crypto Customer Fund
Virtual Banking

NYDFS Issues Guidelines to Protect Crypto Customer Fund

Marco
11 Min Read

The New York State Department of Financial Services (NYDFS) released regulatory guidance on Monday, ordering all crypto companies to separate funds belonging to the customers and their own. The regulatory superintendent, Adrienne Harris, highlighted that the rules focus on protecting customer funds in case of an insolvency or similar proceeding.

Contents
FTX Collapse Triggers Necessity of New RulesFTX Collapse Triggers Necessity of New Rules

“DFS’s virtual currency regulation
Regulation

Like any other industry with a high net worth, the financial services industry is tightly regulated to help curb illicit behavior and manipulation. Each asset class has its own set of protocols put in place to combat their respective forms of abuse.In the foreign exchange space, regulation is assumed by authorities in multiple jurisdictions, though ultimately lacking a binding international order. Who are the Industry’s Leading Regulators?Regulators such as the UK’s Financial Conduct Authority (

Like any other industry with a high net worth, the financial services industry is tightly regulated to help curb illicit behavior and manipulation. Each asset class has its own set of protocols put in place to combat their respective forms of abuse.In the foreign exchange space, regulation is assumed by authorities in multiple jurisdictions, though ultimately lacking a binding international order. Who are the Industry’s Leading Regulators?Regulators such as the UK’s Financial Conduct Authority (
Read this Term
has protected New Yorkers since 2015,” Harris said. “Today’s guidance reminds DFS-regulated virtual currency companies of our expectations regarding the safekeeping of customer assets.”

The official announcement further highlighted four areas the new guidelines are addressing. These include the segregation and separate accounting of customer assets, clarification of custody and safekeeping services, sub-custody arrangements with third parties, and proper disclosure of general terms and conditions to the customers.

NYDFS is one of the crypto regulators with clear and stringent rules, overseeing the activities of the crypto companies within the state of New York. The new guidelines against the comingling of funds will apply to the companies that the regulator has licensed or chartered to custody, or temporarily hold, store, or maintain virtual currency assets on behalf of their customers.

Keep Reading

Last month, the regulator also mandated the banking firms in the state to seek advance permission before they or their authorized third-party agents engage in cryptocurrency-related activities.

Check out the latest FMLS22 session on “Will Crypto Fizzle Out or Here to Stay?”

FTX Collapse Triggers Necessity of New Rules

The new guidelines came after the collapse of Sam Bankman-Fried FTX empire. He has allegedly used FTX customer funds to write illicit loans to sister company Alameda Research. FTX, Alameda Research, and more than 130 other affiliates are now under bankruptcy
Bankruptcy

Bankruptcy or insolvency constitutes a legal term and refers to being unable to repay debts. A business and a person can declare bankruptcy. When a person or company claims bankruptcy, it is described as a voluntary bankruptcy, and when your debtors force you into bankruptcy, it is referred to as involuntary. A voluntary bankruptcy occurs when the debtor or borrower, the party that owes the money files with the courts. Involuntary bankruptcy happens when your credits file a petition with the co

Bankruptcy or insolvency constitutes a legal term and refers to being unable to repay debts. A business and a person can declare bankruptcy. When a person or company claims bankruptcy, it is described as a voluntary bankruptcy, and when your debtors force you into bankruptcy, it is referred to as involuntary. A voluntary bankruptcy occurs when the debtor or borrower, the party that owes the money files with the courts. Involuntary bankruptcy happens when your credits file a petition with the co
Read this Term
protection, while Bankman-Fried is facing criminal charges.

Though Bankman-Fried, who has not associated with the operations of FTX anymore, wrote in a blog that the collapsed crypto exchange should have enough funds for the customers, the bankruptcy proceedings still need to start to compensate the customers.

Last year, the crypto prices plummeted from their all-time high levels, and the two major collapses in the industry, first Terra Luna and then FTX. Both these events have triggered the collapse of several other firms that had exposure to them.

The New York State Department of Financial Services (NYDFS) released regulatory guidance on Monday, ordering all crypto companies to separate funds belonging to the customers and their own. The regulatory superintendent, Adrienne Harris, highlighted that the rules focus on protecting customer funds in case of an insolvency or similar proceeding.

“DFS’s virtual currency regulation
Regulation

Like any other industry with a high net worth, the financial services industry is tightly regulated to help curb illicit behavior and manipulation. Each asset class has its own set of protocols put in place to combat their respective forms of abuse.In the foreign exchange space, regulation is assumed by authorities in multiple jurisdictions, though ultimately lacking a binding international order. Who are the Industry’s Leading Regulators?Regulators such as the UK’s Financial Conduct Authority (

Like any other industry with a high net worth, the financial services industry is tightly regulated to help curb illicit behavior and manipulation. Each asset class has its own set of protocols put in place to combat their respective forms of abuse.In the foreign exchange space, regulation is assumed by authorities in multiple jurisdictions, though ultimately lacking a binding international order. Who are the Industry’s Leading Regulators?Regulators such as the UK’s Financial Conduct Authority (
Read this Term
has protected New Yorkers since 2015,” Harris said. “Today’s guidance reminds DFS-regulated virtual currency companies of our expectations regarding the safekeeping of customer assets.”

The official announcement further highlighted four areas the new guidelines are addressing. These include the segregation and separate accounting of customer assets, clarification of custody and safekeeping services, sub-custody arrangements with third parties, and proper disclosure of general terms and conditions to the customers.

NYDFS is one of the crypto regulators with clear and stringent rules, overseeing the activities of the crypto companies within the state of New York. The new guidelines against the comingling of funds will apply to the companies that the regulator has licensed or chartered to custody, or temporarily hold, store, or maintain virtual currency assets on behalf of their customers.

Keep Reading

Last month, the regulator also mandated the banking firms in the state to seek advance permission before they or their authorized third-party agents engage in cryptocurrency-related activities.

Check out the latest FMLS22 session on “Will Crypto Fizzle Out or Here to Stay?”

FTX Collapse Triggers Necessity of New Rules

The new guidelines came after the collapse of Sam Bankman-Fried FTX empire. He has allegedly used FTX customer funds to write illicit loans to sister company Alameda Research. FTX, Alameda Research, and more than 130 other affiliates are now under bankruptcy
Bankruptcy

Bankruptcy or insolvency constitutes a legal term and refers to being unable to repay debts. A business and a person can declare bankruptcy. When a person or company claims bankruptcy, it is described as a voluntary bankruptcy, and when your debtors force you into bankruptcy, it is referred to as involuntary. A voluntary bankruptcy occurs when the debtor or borrower, the party that owes the money files with the courts. Involuntary bankruptcy happens when your credits file a petition with the co

Bankruptcy or insolvency constitutes a legal term and refers to being unable to repay debts. A business and a person can declare bankruptcy. When a person or company claims bankruptcy, it is described as a voluntary bankruptcy, and when your debtors force you into bankruptcy, it is referred to as involuntary. A voluntary bankruptcy occurs when the debtor or borrower, the party that owes the money files with the courts. Involuntary bankruptcy happens when your credits file a petition with the co
Read this Term
protection, while Bankman-Fried is facing criminal charges.

Though Bankman-Fried, who has not associated with the operations of FTX anymore, wrote in a blog that the collapsed crypto exchange should have enough funds for the customers, the bankruptcy proceedings still need to start to compensate the customers.

Last year, the crypto prices plummeted from their all-time high levels, and the two major collapses in the industry, first Terra Luna and then FTX. Both these events have triggered the collapse of several other firms that had exposure to them.

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Marco January 24, 2023
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