Crypto Exemption Fails to Take Effect in January! SEC Slams the Brakes, Wall Street in Uproar
The U.S. SEC's planned January implementation of a broad regulatory exemption for tokenized securities and DeFi projects has been delayed following strong opposition from Wall Street institutions. In a closed-door meeting, major financial entities including JPMorgan, Citadel, and SIFMA argued against creating a separate regulatory framework for crypto assets. They advocated for applying existing federal securities laws under a "same business, same rules" principle, warning that broad exemptions could undermine investor protection and introduce systemic risks, citing past market failures as examples.
Concurrently, the SEC released guidance clarifying that tokenization does not change the applicability of securities laws. It categorized tokenized securities into two types: issuer-sponsored (subject to traditional registration) and third-party sponsored (including custodial and synthetic models, the latter potentially falling under swap regulations). The SEC emphasized that regulatory treatment depends on economic substance, not technology, and expressed openness to working with innovators within the existing legal framework. This move aims to reduce regulatory arbitrage and pave the way for more traditional institutional participation in tokenized assets.
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