Regulatory due diligence is the comprehensive process of investigating and verifying a party’s adherence to applicable laws, regulations, and industry standards. This examination is conducted to identify potential legal or compliance risks before engaging in a transaction, investment, or partnership. It involves reviewing licenses, permits, policies, and past compliance records. The objective is to mitigate legal exposure and ensure operations are within legal bounds.
Context
In the digital asset space, regulatory due diligence is increasingly critical for institutions and investors navigating complex and evolving legal landscapes. Key discussions revolve around assessing the compliance posture of cryptocurrency projects, exchanges, and DeFi protocols in various jurisdictions. Future developments will likely involve the standardization of due diligence practices for digital assets, including enhanced scrutiny of smart contract audits and decentralized governance models, to address novel compliance challenges.
The SEC's custody no-action relief operationalizes a path for RIAs and funds to engage state-level trust companies, mitigating systemic risk for digital asset portfolios.
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