The United States regulators use a legal test to identify what qualifies as investment contracts, and this needs SEC’s (Securities & Exchange Commission) regulation. Meanwhile, the SEC chairman says most cryptos pass the test.
Gary Gensler said (during the 8 September speech) that most cryptocurrencies in the marketplace are securities. He added that the securities laws cover sales and offers of the many cryptocurrency security coins.
Precisely, Gensler believes most projects in the cryptocurrency market are illegal. It’s not the initial time Gary Gensler argued that most cryptos pass the Howey Test, which emerged from a U.S Court case in 1946.
Meanwhile, his latest remarks come as the digital asset market endures a bear session, and regulation seems increasingly possible.
Which Regime Should Monitor Crypto?
Gensler addressed operators of stablecoins and cryptocurrencies. Remember, Stablecoins are digital tokens tied to a different such as the USD. He urged them to have the assets regulated and registered. Also, he urged decentralized and centralized unregistered exchanges to comply with the rules.
Cryptocurrency advocates, including some Congress members, have preferred regulation from the US CFTC (Commodity Futures Trading Commission) rather than the Securities & Exchange commission.
The SEC Chair, who operated the CFTC between 2009 and 2014, admitted that only a few tokens, including BTC, may not qualify as securities.
Gensler stated that the small number of non-security cryptos could encounter some Howey Test parts of other security tests. And they could not be securities. He added that Bitcoin falls under commodities regulations.
The U.S Clamps Down on Crypto
The Securities and Exchange Commission has remained slow in prosecuting digital tokens over recent years. The watchdog clamped down on ICOs (initial coin offerings) in 2018.
It sued Ripple for 2020 illegitimate securities offering and charged cryptocurrency lender BlockFi for failure to register its ‘high-yield’ lending program. Also, the regulator investigated renowned exchange Coinbase over selling uncertified securities.
Meanwhile, the entire U.S administration ups its game in cryptocurrency-related crimes. The Washington Post revealed on 8 September that the Treasury Department is preparing several proposals requesting clampdowns on stablecoins and cryptocurrencies from the White House.
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