Sec blockchain regulation

These are the core obsessions that drive our newsroom—defining topics of seismic importance to the global economy. Our emails are made to shine in your inbox, with something fresh every morning, afternoon, and weekend. A much-anticipated policy paper commissioned by former US president Donald Trump and finished on the watch of US president Joe Biden has punted the issue of stablecoin regulation to Congress—and several former regulators believe doing so amounts to a gift for the cryptocurrency industry. But the group left it up to Congress to introduce regulatory oversight to the stablecoin market. Stablecoins serve as an easy avenue for crypto traders to move between volatile cryptocurrencies with a stable digital asset. The heavily regulated banking industry has high standards for so-called know-your-customer and anti-money-laundering regulations, which makes it difficult for them to work with crypto firms.



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WATCH RELATED VIDEO: SEC Commissioner Hester Peirce on 2022 Crypto Regulation Outlook

Senators demand cryptocurrency regulation guidance from SEC Chair Gary Gensler


Three longstanding policy issues facing cryptocurrency technology are being addressed by two new bi-partisian bills introduced in the House today: 1 the patchwork of state-by-state licensing of exchanges, 2 the limits of SEC jurisdiction, and 3 alleged price manipulation.

How can two bills address all three of these issues? State Patchwork. A single federal license could be preferable, and giving exchanges the choice to remain state-regulated or seek the federal license as an alternative would offer improved regulatory outcomes while preserving state sovereignty and regulatory choice. SEC Jurisdiction. For years Coin Center has described and critiqued the fuzzy line delimiting SEC oversight of cryptocurrencies and the markets where they trade.

The SEC regulates tokens that qualify as securities and any organized secondary markets where those tokens might trade; that much is clear.

However, the definition of a security is flexible and its application to various token projects is uncertain and often determined in a case-by-case fashion. Consistent with our advocacy, the SEC has generally made those determinations in a commonsense manner: clearly announcing that running decentralized cryptocurrencies like Bitcoin are not securities, and clearly specifying that pre-sale agreements for future cryptocurrencies are securities.

Where things remain convoluted is the launch of a decentralized cryptocurrency that was originally financed through a token pre-sale. Where does the pre-sale agreement a security end and the running token not a security begin?

Increasingly Coin Center has been fielding concerns over price manipulation of cryptocurrencies. Another issue with state-by-state money transmission licensing is that these regulations only deal with custody risks to customers, as regulatory structures licensing requirements and examinations are not intended to provide for market supervision or to detect and prevent manipulation. The CFTC is an expert agency with respect to manipulation but it only has supervisory jurisdiction over commodities derivatives markets, not commodities spot markets including cryptocurrency spot markets where it has only investigative and policing powers.

Importantly, exchanges are free to continue relying on state money transmission licenses or state bank and trust charters; choosing CFTC regulation would be an optional alternative path. If an exchange applied and was approved, then it would no longer be subject to state-by-state money transmission licensing requirements. The registration would require the exchange to keep customer cryptocurrency with qualified custodians and share market surveillance data with the CFTC so that they can detect and police manipulation.

Pre-sold tokens, according to the bill, can only be traded on these CFTC registered exchanges in an orderly fashion not subject to manipulation. That should help guarantee that original investors are not dumping initial allocations of the token onto the general public. Once a pre-sold token is sold to the general public through a CFTC registered exchange it loses the pre-sold token designation and can trade on traditional state regulated exchanges.

This pre-sold wrinkle should help to better define the line between SEC and CFTC jurisdiction: pre-sale agreements will continue to be regulated by the SEC, but there will be less need for continued SEC wariness once the tokens are delivered and the network is live because the CFTC will be picking up the regulatory slack and supervising sales to the public upon network launch.

This one bill addresses all three of these policy issues: the need for a federal alternative to state licensing, the need for clarity over SEC jurisdiction, and the issue of cryptocurrency price manipulation and the need for spot-market supervision.

The formative court case was Howey v. SEC , and in that case a sale of land was combined with a promise to grow oranges on the land and give the landowners the profits. This combination of a non-security land sale, and ongoing contractual promises of profits the orange grove returns , was deemed to be an investment contract. Token pre-sales are similar. A non-security is being sold the future decentralized token , but it comes with a contractual promise from the issuer the promise to build the token network as specified so that the tokens will actually do something of value in the future.

So if you bought the land in Florida without signing a contract for orange grove profits, the land is not a security. And if you bought the Ethereum token after the original promise to build the network had been fulfilled, then the token itself is not a security.



Recent SEC Proposed Rulemaking Could Impact Blockchain Trading Platforms

This article provides an overview of CFTC and SEC regulation of cryptocurrency hedge funds for hedge fund managers investing in various strategies involving Bitcoin and alternative cryptocurrencies. Our law firm focuses on advising hedge fund managers throughout the world in starting and operating US and offshore hedge funds. During the past several months, we have received more inquiries for starting cryptocurrency hedge funds including Bitcoin Funds and coin alternative funds than for all other hedge fund strategies combined. This article is directed primarily to managers looking to start a cryptocurrency fund to invest in Bitcoin and alternative coins directly. For a comprehensive overview of how to start a cryptocurrency fund, including regulatory requirements, marketing strategies and restrictions, entity structure, terms, service providers, documents, etc. You can also read our various white papers and articles on specific hedge fund formation topics.

Cryptocurrency trading and lending platforms that promise returns to investors are wrong to think that they can avoid regulation by the US.

ANALYSIS: Crypto Legislation Might Progress Beyond Talk in 2022

Center for American Progress. Yet there is great reason to be concerned about digital assets. Furthermore, the energy used to create, buy, and sell digital assets is a significant contributor to climate change, with the bitcoin network alone using more electricity per year than many countries. Sign Up. Investors and the public expect regulators to ensure financial markets are safe from fraud and manipulation; and although new legislation may prove necessary in the future, regulators must begin using their existing statutory authorities to address many of the harms that digital assets cause. Regulators can and should use their authorities to limit greenhouse gas emissions from digital assets, protect consumers, and ensure full compliance with the law. This report provides background information on digital assets, the roles they may serve in financial markets and in commerce, and the harms that come from a lack of regulation. It also discusses the role that the U. Securities and Exchange Commission SEC can play in regulating digital assets that are securities to address those harms.


Former CFTC chair predicts Congress will push back on SEC’s crypto regulation

sec blockchain regulation

The alleged Ponzi scheme solicited funds from investors for supposed placement in a pooled commodity fund that purported to use an algorithmic trading strategy. As alleged by the CFTC, the strategy and performance of the fund was fake, and payouts were made using misappropriated funds. Whether the CFTC or SEC will have primary regulatory oversight over particular tokens or virtual currencies remains a facts-and-circumstances determination, but the recent announcements of both the SEC and the CFTC indicate that both federal regulators are taking notice of developments in the blockchain and cryptocurrency industry. We use cookies on our site to remember you, show you content we think you will like and help you to use the site.

Cryptocurrency, social media, and celebrity or influencer endorsements have all been top of mind recently, including for advertisers.

SEC Commissioners Continue Debate on Regulating Crypto

We use cookies for a number of reasons, such as keeping FT Sites reliable and secure, personalising content and ads, providing social media features and to analyse how our Sites are used. Make the most of Lead your own way in business and beyond with our unrivalled journalism. Delivered every weekday. Coinbase had argued that the product, called Lend, should not be considered a security under federal law. In recent months, Gensler has urged cryptocurrency platforms to contact the SEC and discuss whether they should register with the agency.


Designed to avoid regulation – the real roots of bitcoin

On January 26, , the SEC released a rulemaking proposal intended to enhance investor protections and cybersecurity for alternative trading systems that trade treasuries and other government securities. The comment requests address wide-ranging issues which affect trading venues of all types. This could include wallets, block explorers that allow users to call smart contracts, and other market participants—if not virtually every blockchain-based application. Notwithstanding the literal and figurative bulk of this release, the Commission has determined that it is appropriate to provide the public with 30 days to read, understand, consider, consult, identify, model, assess, and discuss these rules and how they are likely to affect trading venues for every type of security that is traded in our markets. Ninety days would have been a reasonable period, given the breadth of issues and the potential effects of the proposed rule.

Most relevant for the blockchain industry is that the SEC proposal seeks to regulate “communication protocol systems.”[2].

Statement on DeFi Risks, Regulations, and Opportunities

As the head of the SEC, the federal regulator of the securities industry, Gensler will be expected to have a stronger influence on US markets but he will also have extensive knowledge about blockchain and cryptocurrencies. He conducts research and teaches blockchain technology, digital currencies, financial technology, and public policy, according to his MIT biography that said he had worked at Goldman Sachs between In another one-two months later, he said regulators are trying to catch up with blockchain. They are vulnerable to high volatility, such as the case in Ripple.


Regulating Cryptocurrency Secondary Market Trading Platforms by Kristin N. Johnson

Securities and Exchange Commission. According to him, the SEC is threatening to sue the cryptocurrency exchange if it launches its yield-generating product called Coinbase Lend. With this new product, Coinbase wants to compete with popular decentralized finance DeFi products, such as Compound and Aave. If the company manages to launch Coinbase Lend, users will be able to contribute to the lending pool by sending crypto assets to Coinbase Lend.

Expert insights, analysis and smart data help you cut through the noise to spot trends, risks and opportunities.

A big fight is brewing over cryptocurrencies. These are some key players to watch

A major reason for the phenomenal growth of cryptocurrency markets in recent years has been the absence of clear regulations. That might change soon. Increasingly, the U. Securities and Exchange Commission SEC is providing broad hints of its intent to enforce regulations on the space. Security trades are strictly regulated, meaning that anyone who issued, sold, or even traded these tokens could be in violation of investment laws. While technology and trends change quickly in the blockchain space, securities laws do not. For example, Ripple is now deep in litigation surrounding its XRP token, which it continued to sell on the market after the SEC issued its warning.

Gary Gensler said on Tuesday that the crypto market involved many tokens that may be unregistered securities and left prices open to manipulation and millions of investors vulnerable to risks. The industry has been waiting with bated breath to see how Gensler, a Democratic appointee who took the SEC helm in April, will approach oversight of the market, which he has previously said should be brought within traditional financial regulation. On Tuesday, Gensler provided more insight on his thinking, saying he would like Congress to give the SEC the power to oversee cryptocurrency exchanges. He also called on lawmakers to give the SEC more power to oversee crypto lending and platforms like peer-to-peer decentralized finance DeFi sites that allow lenders and borrowers to transact in cryptocurrencies without traditional banks.


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  1. Thacher

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  4. Li

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