[Image: from Bitcoin.com]

FINRA has launched a new effort to figure out the extent to which its member firms are involved with digital assets - e.g., cryptocurrencies, virtual coins and tokens. In Regulatory Notice 18-20, published Friday, the regulator called upon broker-dealers to notify their Regulatory Coordinators if it, or its associated persons or affiliates, currently engages, or plans to engage, in any activities related to digital assets.

Prior to this announcement, FINRA Regulatory Coordinators conducted a survey regarding firms’ involvement in activities related to digital assets, and the Risk Control Assessment (RCA) Survey contained questions regarding digital assets.

ACTIVITIES FINRA HAS IN MIND.     Among the activities that FINRA wants to know about:

• purchases, sales or executions of transactions in digital assets;
• purchases, sales or executions of transactions in a pooled fund investing in digital assets;
• creation of, management of, or provision of advisory services for, a pooled fund related to digital assets;
• purchases, sales or executions of transactions in derivatives (e.g., futures, options) tied to digital assets;
• participation in an initial or secondary offering of digital assets (e.g., ICO, pre-ICO);
• creation or management of a platform for the secondary trading of digital assets;
• custody or similar arrangement of digital assets;
• acceptance of cryptocurrencies (e.g., bitcoin) from customers;
• mining of cryptocurrencies;
• recommend, solicit or accept orders in cryptocurrencies and other virtual coins and tokens;
• display indications of interest or quotations in cryptocurrencies and other virtual coins and tokens;
• provide or facilitate clearance and settlement services for cryptocurrencies and other virtual coins and tokens; or
• recording cryptocurrencies and other virtual coins and tokens using distributed ledger technology or any other use of blockchain technology.

Finally, until July 31, 2019, each firm is encouraged to keep its Regulatory Coordinator updated if it, or its associated persons or affiliates, begins or intends to begin, engaging in a new type of activity relating to digital assets not previously disclosed.