The US Regulation of Foreign Funds in the Age of Cryptocurrencies

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There is an enormous amount of capital being deployed in offshore funds and trillions of dollars of “dry power” to be put to work. The US remains the most important fund raising market in the world, but the regulatory environment is complex and full of pitfalls. Every lawyer should have a basic understanding of the Securities Act, Securities and Exchange Act, Investment Company Act and Investment Advisers Act issues that arise when a foreign fund seeks to raise capital in the US, solicit US investors or advise on the merits of offshore funds. In addition, as funds increasingly embrace cryptocurrencies as a distinct asset class, there are money laundering, commodity pool and licensing issues, among others, of which lawyers should be aware. Every lawyer should be able to spot the basic issues and have a working knowledge of the laws and regulation in this area, which is likely to become even more important as the SEC addresses hot topics, such as a proposed rule to exempt “finders” from broker-dealer registration and the regulation of exchange-listed cryptocurrency funds.

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