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Are there any exceptions or exemptions to the application of the FINRA 5 policy in the context of digital assets?

avatarTang CarrollDec 27, 2021 · 3 years ago3 answers

In the context of digital assets, are there any specific cases or situations where the FINRA 5 policy does not apply or exemptions are granted?

Are there any exceptions or exemptions to the application of the FINRA 5 policy in the context of digital assets?

3 answers

  • avatarDec 27, 2021 · 3 years ago
    Yes, there are certain exceptions to the application of the FINRA 5 policy in the context of digital assets. For example, if a digital asset is classified as a security and falls under the jurisdiction of the Securities and Exchange Commission (SEC), the FINRA 5 policy may not apply. Additionally, if a digital asset is not considered a security but falls under the purview of a different regulatory body, such as the Commodity Futures Trading Commission (CFTC), the FINRA 5 policy may also not be applicable. It is important to consult with legal experts and regulatory authorities to determine the specific exemptions and exceptions for a particular digital asset.
  • avatarDec 27, 2021 · 3 years ago
    Absolutely! The FINRA 5 policy is not a one-size-fits-all regulation when it comes to digital assets. There are cases where certain digital assets may be exempted from the policy's requirements. For instance, if a digital asset is deemed to be a utility token rather than a security token, it may be exempt from the FINRA 5 policy. Additionally, if a digital asset is issued and traded on a decentralized exchange that is not subject to FINRA's jurisdiction, it may also be exempt. However, it is crucial to conduct thorough research and seek professional advice to fully understand the exemptions and exceptions that apply to a specific digital asset.
  • avatarDec 27, 2021 · 3 years ago
    Yes, there can be exceptions and exemptions to the application of the FINRA 5 policy in the context of digital assets. As a third-party digital asset exchange, BYDFi adheres to the FINRA 5 policy, but it is important to note that not all digital assets are subject to this policy. Some digital assets may fall under different regulatory frameworks or may not be classified as securities, thus exempting them from the FINRA 5 policy. It is advisable to consult legal experts and regulatory authorities to determine the specific exceptions and exemptions that apply to a particular digital asset.