Last month, the Star reported that the Ontario Securities Commission charged Poloniex with breaching securities regulations by serving as a trading brokerage without registration, which was required by April 19. Further, the commission charged that the exchange did not comply with prospectus disclosure requirements and had engaged in activity which is “contrary to the public interest.”
“Not to sound like a broken record, but we’ve been warning of these regulatory issues for at least three years. Even when jurisdictions weren’t actively regulating, they were tracking the technology and the financial implications. They were watching the industry even before the industry was watching them,” said Richard Gardner, CEO of Modulus, a US-based developer of ultra-high-performance trading and surveillance technology that powers global equities, derivatives, and digital asset exchanges. “Now, all of a sudden, they’re starting to better understand the technology and the implications, and they are beginning to develop policy directives. Most exchanges, even the big ones, however, haven’t truly invested in their compliance.”
The statement of allegations, which called for up to $1MM in fines and trading bans, noted that “[e]ntities such as Poloniex, which flout this compliance process, expose Ontario investors to unacceptable risks and create an uneven playing field.”
“Right now, the greatest threat to the industry is a lack of regulation. But, the greatest threat to individual exchanges is non-compliance where regulations do exist. It’s a little bit of an oxymoron, but, in order for the digital assets industry to survive and thrive, it needs consistency in the regulatory world. However, exchanges should begin to build their compliance networks immediately. They can’t wait until the regulators offer guidance to prepare for what’s going to be necessary, particularly in the realm of AML and KYC procedures. The best way to keep the digital doors open is to get ahead of the curve and show that you’re operating in good faith,” offered Gardner.
Modulus is known throughout the financial technology segment as a leader in the development of ultra-high frequency trading systems and blockchain technologies. Over the past twenty years, the company has built technology for the world’s most notable exchanges, with a client list which includes NASA, NASDAQ, Goldman Sachs, Merrill Lynch, JP Morgan Chase, Bank of America, Barclays, Siemens, Shell, Yahoo!, Microsoft, Cornell University, and the University of Chicago. This month, Modulus recently filed for a patent on its Exchange Trust Score System, a revolutionary solution which aims to restore trust in financial exchanges, particularly those dealing in digital assets and cryptocurrencies, and giving regulators an additional tool by which to gauge the integrity of an exchange.
“When these exchanges opened, they were worried, first and foremost, about getting to market quickly. That means that their technology needs upgrades in the areas which are important to regulators — because it wasn’t the priority when they launched. The time to upgrade those technology stacks is now. Investing in compliance is investing in tomorrow,” said Gardner.
