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ARTICLE · 21 DECEMBER 2022

Disclosing Cryptocurrency Risks: SEC Comment Letter Puts Companies On Notice

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The U.S. Securities and Exchange Commission (SEC) Division of Corporation Finance (CorpFin) recently issued guidance (Guidance), including a "Dear Issuer"...

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Jonathan Barr
Jonathan Barr
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Lauren Bass
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John Carney
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Jimmy Fokas
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Robert A. Musiala Jr.
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The U.S. Securities and Exchange Commission (SEC) Division of Corporation Finance (CorpFin) recently issued guidance (Guidance), including a "Dear Issuer" Sample Letter (Sample Letter) to assist companies in meeting their statutory disclosure obligations in light of the recent crypto downturn.

Key Takeaways

  • Public companies may have disclosure obligations under federal securities laws relating to the recent crypto market downturn and widespread bankruptcies in that industry. [1]
  • Public companies with exposure to the crypto asset market should clearly disclose to their shareholders material impacts including:
    • overall exposure to the crypto market;
    • any risks related to liquidity; and

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