Author:Chelsea Cowan

1
Australia: A Seat at the Table–What Does the Government’s Economic Reform Roundtable Mean for Superannuation Fund Trustees?
2
United States: Going for Two! SEC Approves Multi-Crypto Asset ETP
3
United States: In Cash or In-Kind—SEC Approves Options for Creations and Redemptions of Crypto ETP Shares
4
Europe: UK FCA Confirms the Circumstances in Which it May Make Public Announcements About Live Investigations
5
United States: Staff Shares Disclosure ABCs for ETPs
6
Europe: Ireland Agrees Mutual Recognition of Funds Framework With Hong Kong
7
United States: Potential Increase to Debenture Limit for Levered Small Business Investment Companies (SBICs)?
8
Europe: Are the UK FCA’s Revised “Name and Shame” Proposals an Improvement?
9
United States: “Oops, I was a Broker!?” SEC Cracks Down on Investment Adviser Representatives Acting as Unregistered Brokers
10
United States: Federal Court Vacates SEC’s Expanded Dealer Definition

Australia: A Seat at the Table–What Does the Government’s Economic Reform Roundtable Mean for Superannuation Fund Trustees?

By: Ravi Jayemanne, Ben Kneebush, and Thais Fernandes (Graduate)

From 18–21 August 2025, the Australian Government (Government) hosted the Economic Reform Roundtable with industry and government leaders to explore reforms aimed at boosting productivity, resilience, and budget sustainability.

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United States: Going for Two! SEC Approves Multi-Crypto Asset ETP

By: Rich Kerr and Keri Riemer

On 29 July 2025, the US Securities and Exchange Commission (SEC) approved a proposed rule change to list and trade shares of a multi-crypto asset exchange-traded product (ETP), under NYSE Arca Rule 8.201-E. This marks the first time that the SEC has approved the listing of an ETP that will invest in more than one type of crypto asset on a spot basis; until now, the SEC has only approved listing rules permitting single crypto asset ETPs to be listed. The approved multi-crypto asset ETP (the Trust) will invest in both bitcoin and ether on a spot basis.

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United States: In Cash or In-Kind—SEC Approves Options for Creations and Redemptions of Crypto ETP Shares

By: Rich Kerr, Keri Riemer, Joshua Durham, and Lael Franco

On 29 July 2025, the US Securities and Exchange Commission (SEC) issued an order approving proposed rule changes to permit various exchange-traded products (ETPs) to engage in creations and redemptions of their shares with authorized participants (APs) on an in-kind basis. The proposed rule changes were submitted by the Nasdaq Stock Market LLC, Cboe BZX Exchange, Inc. and NYSE Arca, Inc. (Exchanges) with respect to the ETPs seeking to engage in in-kind creations and redemptions.

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Europe: UK FCA Confirms the Circumstances in Which it May Make Public Announcements About Live Investigations

By: Michael E. Ruck, Rosie Naylor, Jordan Hawthorne, and Laura Scott

We discussed in an earlier blog that the United Kingdom’s Financial Conduct Authority has axed proposed “name and shame” rules, retaining only an ability to make a public announcement about an investigation in “exceptional circumstances”. It has now published a revised Enforcement Guide which also details three specific circumstances in which it may make an announcement:

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United States: Staff Shares Disclosure ABCs for ETPs

By: Keri E. Riemer and Richard F. Kerr

As part of its effort to provide greater clarity on the application of federal securities laws to crypto assets, on 1 July 2025, the SEC’s Division of Corporation Finance (Division) released a statement (Statement) addressing its views about the application of certain disclosure requirements to crypto asset exchange-traded products (ETPs).

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Europe: Ireland Agrees Mutual Recognition of Funds Framework With Hong Kong

By: Michelle Lloyd and Shane Geraghty

The Central Bank of Ireland (CBI) and the Securities and Futures Commission of Hong Kong (SFC) entered into a Memorandum of Understanding on 14 May 2025 establishing a framework for the mutual recognition of funds (MRF) between the two jurisdictions.

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United States: Potential Increase to Debenture Limit for Levered Small Business Investment Companies (SBICs)?

By: TJ Bright and Kate E. Miller

Small Business Investment Companies (SBICs), which invest in qualifying small businesses in the United States, are eligible to receive Small Business Administration (SBA)-guaranteed debentures at favorable rates to finance their investment activities. Standard SBIC debentures typically have 10-year terms with interest payments due semi-annually, and a lump-sum payment of the principal at maturity.

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Europe: Are the UK FCA’s Revised “Name and Shame” Proposals an Improvement?

By: Michael Ruck and Rosie Naylor

In November 2024, the UK FCA released a Consultation which seeks to clarify its proposed approach to publicising ongoing enforcement action—dubbed the “name and shame” plan—and to assure the wider market of the plan’s benefits. Responses are due by 17 February 2025.

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United States: “Oops, I was a Broker!?” SEC Cracks Down on Investment Adviser Representatives Acting as Unregistered Brokers

By Richard Kerr, Pablo Man, Jessica Cohn, and Sydney Faehling

On 14 January 2025, the Securities and Exchange Commission (SEC) announced settled charges against three investment adviser representatives for acting as unregistered brokers in the sale of membership interests in certain limited liability companies (i.e., Funds) that each purportedly owned shares of private issuers that had prospects of becoming publicly traded. The SEC separately announced settled charges against an advisory firm in a related action involving improperly managing conflicts of interests and the use of liability waivers.

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United States: Federal Court Vacates SEC’s Expanded Dealer Definition

By: Eden L. Rohrer, Richard F. Kerr, Jessica D. Cohn, and Joshua L. Durham

On 21 November 2024, the US District Court for the Northern District of Texas (Court) ruled against the US Securities and Exchange Commission (SEC) in two separate cases, vacating its rule which expanded the definition of securities dealers.

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