SEC Considers Waiving Some rules to Regulate Cryptocurrency

Key  Takeaways:

  • According to Gary Gensler, crypto companies may be exempt from certain securities laws.
  • Gensler anticipates that the exemption will encourage more cryptocurrency businesses to adhere to legal requirements.
  • He emphasised the fact that many businesses were operating outside of compliance guidelines. 

Gary Gensler, the chairman of the Securities and Exchange Commission, said on Thursday that the commission may use its power to exempt cryptocurrency companies from certain securities regulations in order to assist the sector in becoming compliant.

However, many in the crypto business completely disagree with Gensler’s concept and have been having some success persuading important members of congress to their point of view. For instance, a recent proposal for a comprehensive cryptocurrency regulation framework put up by a bipartisan pair of senators would give the Commodity Futures Trading Commission power over the majority of tokens (CFTC).

According to Gensler in an interview with Yahoo! Finance, “We do have robust authorities from Congress to exercise our exemptive authorities that we may adapt” for disclosure and investor protection.

The remarks are among Gensler’s most incisive yet regarding how the company may cooperate with the network of digital assets. He emphasised that asset-backed securities and stock offers also employ this strategy.

During a Senate Banking Committee hearing, Gensler, who took office as SEC chief last year, stated that he thinks there is “solid evidence” in favour of tighter regulation of digital assets. He did not, however, demand that the SEC have exclusive regulatory control over the developing sector.

Gensler countered that other financial supervisors, such as the Commodity Futures Trading Commission (CFTC), had more expertise in managing digital assets like bitcoin, ether, and other cryptocurrencies.

The official claims that greater regulation of digital asset markets will assist the general public, particularly when it comes to monitoring service providers like lending platforms, exchanges, and broker-dealers.

“Full and fair disclosure protects the people. These are fundamental safeguards, regardless of whether you’re purchasing a security or a cryptocurrency token, according to Gensler. You get to select what risk you want to take,” he continued, adding that the person soliciting funds and selling financial assets should prevent misleading potential investors by giving them the knowledge they need to invest sensibly, or at the very least with their eyes open.

Gensler reiterated a caution that many cryptocurrency businesses are “non-compliant” without mentioning any specific ones. These businesses are thought to be selling unregistered securities. There may be a way ahead, according to Gensler. I’ve said, “Come in, talk to us,” to the marketplace, loan platforms, and trading platforms.

In a recent tweet, Gensler expressed his worry regarding the safety of consumers in relation to ETFS. He describes how The SEC has long advised investors to be wary of complicated and new products, especially when they are integrated in specific exchange-traded products. Gensler advises investors to educate themselves on the dangers of leveraged and/or inverse ETFs.

Platforms for lending cryptocurrency have been among those most severely impacted by the ongoing liquidity crisis. While BlockFi, another struggling crypto lender, obtained funding from the cryptocurrency exchange FTX US, Celsius Network Ltd. filed for Chapter 11 bankruptcy.

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