SEC Acting Chairman Instructs Staff to Review Legal Statements on Cryptocurrency Risks and Security

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ODAILY
04-06
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Planet Daily News: SEC Acting Chairman Mark T. Uyeda instructed agency staff on Saturday to review several previously issued staff statements regarding cryptocurrency investment and digital asset securities law applicability. This directive was issued under Executive Order 14192 (titled "Promoting Prosperity through Regulatory Relief") and responded to the Department of Government Efficiency (DOGE) recommendations. Uyeda stated that these statements will be reviewed to determine if they need to be "modified or revoked" to align with SEC's current priorities. Specific statements under review include: 2019 guidance on whether digital assets constitute securities, involving how to assess digital assets through the "Howey Test"; 2021 statement on Bitcoin futures, advising investors to be particularly cautious when investing in mutual funds involving Bitcoin futures markets, emphasizing the market's speculative nature, market manipulation risks, liquidity constraints, and volatility, especially in mutual funds; 2022 guidance following cryptocurrency bankruptcy events, requiring crypto companies to transparently disclose risks related to the crypto market, highlighting impacts on investors, including custody risks, liquidity issues, reputational damage, and regulatory scrutiny. Additionally, Uyeda directed a review of a February 2021 risk alert warning investors about "unique risks" in digital asset trading, and a 2020 statement regarding Wyoming's allowance for state-chartered trust companies to custody digital assets. (The Block)

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