Insights & Publications
Diversity & Inclusion
© 2022 Debevoise & Plimpton LLP
CFTC’s Proposed Interpretation of “Actual Delivery” for Virtual Currencies and its Potential Consequences to the Industry
23 February 2018
View Client Update
On December 15, 2017, the CFTC issued its proposed interpretation of the “actual delivery” exception for retail commodity transactions on virtual currencies.
The proposed interpretation requires that “actual delivery” is achieved when the purchaser of a virtual currency obtains title and possession of the virtual currency within 28 days of purchase, and neither the an offeror or a seller of the currency can retain any interest or control.
We believe that these new requirements run the risk of unintentionally stunting the advancements of the virtual currency industry and encourage the CFTC to implement a regulatory sandbox to deal with the challenge of applying current regulation to virtual currencies.
Structured Finance & Derivatives
Private Equity Firms and Funds
Emilie T. Hsu
UK Modern Slavery Act Transparency Statement
Debevoise Login (2)
Debevoise Women's Review