Item 7.01 Regulation FD Disclosure.
In response to a letter received on November 21, 2022 from four Democratic
members of the Senate Banking Committee requesting information regarding the
activities of SoFi Technologies, Inc. ("SoFi") with respect to digital asset
trading, the Company issued the following statement:
SoFi takes our regulatory and compliance commitments seriously, including our
non-bank operations within the digital assets space. We believe we have been
fully compliant with the mandates of our bank license and all applicable laws.
We maintain consistent, constructive dialogue with each of our federal and state
regulators. Cryptocurrency remains a non-material component of our business. As
disclosed in our latest 10-Q filing, our brokerage related fees (which include
all cryptocurrency related fees) totaled $3.85 million in the third quarter of
2022 and the fair value of digital assets held by third-party custodians for the
benefit of our members, which is recorded on our consolidated balance sheet,
totaled approximately $132.5 million as of September 30, 2022. We do not engage
in any other cryptocurrency financing activity other than allowing members to
buy and sell crypto currency via our platform executed by third party partners,
including no leveraging or yielding. We do not partner with FTX nor have any
direct exposure to FTX.
The information in this Item 7.01 is furnished and shall not be deemed "filed"
for purposes of Section 18 of the Securities Exchange Act of 1934, as amended
(the "Exchange Act"), or otherwise subject to liabilities under that section,
and shall not be deemed to be incorporated by reference into the filings of SoFi
under the Securities Act of 1933, as amended, or the Exchange Act, regardless of
any general incorporation language in such filings. This Current Report on Form
8-K will not be deemed an admission as to the materiality of any of the
information contained in this Item 7.01.
Cautionary Statement Regarding Forward-Looking Statements
Certain of the statements above are forward-looking and as such are not
historical facts. These forward-looking statements are not guarantees of
performance. Such statements can be identified by the fact that they do not
relate strictly to historical or current facts. Words such as "anticipate",
"believe", "continue", "could", "expect", "intend", "may", "future", "strategy",
"might", "plan", "should", "would", "will be", "will continue", "will likely
result" and similar expressions may identify forward-looking statements, but the
absence of these words does not mean that a statement is not forward-looking.
Factors that could cause actual results to differ materially from those
contemplated by these forward-looking statements include: (i) the effect of and
uncertainties related to macroeconomic factors such as inflation and rising
interest rates and any resurgence of the COVID-19 pandemic; (ii) our ability to
achieve profitability and continued growth across our business in the future;
(iii) the impact on our business of the regulatory environment and complexities
with compliance related to such environment, including any further extension of
the student loan payment moratorium or loan forgiveness, and our expectations
regarding the return to pre-pandemic student loan demand levels; (iv) our
ability to realize the benefits of being a bank holding company and operating
SoFi Bank; (v) our ability to respond and adapt to changing market and economic
conditions, including inflationary pressures and rising interest rates; (vi) our
ability to continue to drive brand awareness and realize the benefits or our
integrated multi-media marketing and advertising campaigns; (vii) our ability to
vertically integrate our businesses and accelerate the pace of innovation of our
financial products; (viii) our ability to manage our growth effectively and our
expectations regarding the development and expansion of our business; (ix) our
ability to access sources of capital on acceptable terms or at all, including
debt financing and other sources of capital to finance operations and growth;
(x) the success of our continued investments in our Financial Services segment
and in our business generally; (xi) the success of our marketing efforts and our
ability to expand our member base; (xii) our ability to maintain our leadership
position in certain categories of our business and to grow market share in
existing markets or any new markets we may enter; (xiii) our ability to develop
new products, features and functionality that are competitive and meet market
needs; (xiv) our ability to realize the benefits of our strategy, including what
we refer to as our Financial Services Productivity Loop; (xv) our ability to
make accurate credit and pricing decisions or effectively forecast our loss
rates; (xvi) our ability to establish and maintain an effective system of
internal controls over financial reporting; (xvii) our expectations with respect
to our anticipated investment levels in our Technology Platform segment and our
expected margins in that segment, including our ability to realize the benefits
of the Technisys acquisition; and (xviii) the outcome of any legal or
governmental proceedings that may be instituted against us. The foregoing list
of factors is not exhaustive. You should carefully
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consider the foregoing factors and the other risks and uncertainties set forth
in the section titled "Risk Factors" in our last quarterly report on Form 10-Q,
as filed with the Securities and Exchange Commission, and those that are
included in any of our future filings with the Securities and Exchange
Commission, including our annual report on Form 10-K, under the Exchange Act.
These forward-looking statements are based on information available as of the
date hereof and current expectations, forecasts and assumptions, and involve a
number of judgments, risks and uncertainties. Accordingly, forward-looking
statements should not be relied upon as representing our views as of any
subsequent date, and we do not undertake any obligation to update
forward-looking statements to reflect events or circumstances after the date
they were made, whether as a result of new information, future events or
otherwise, except as may be required under applicable securities laws.
As a result of a number of known and unknown risks and uncertainties, our actual
results or performance may be materially different from those expressed or
implied by these forward-looking statements. You should not place undue reliance
on these forward-looking statements.
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