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Congresswoman Introduces Bills to Reform SEC Rulemaking

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Rep. Ann Wagner (R-MO), Chair of the Financial Services Subcommittee on Capital Markets, has introduced three bills that would reform the Securities and Exchange Commission’s (SEC) rulemaking process and increase the Commission’s accountability.

Wagner pointed out that these bills will deal with some of the long-term issues concerning the practices of the SEC, making the processes transparent and effective.

Addressing SEC Rulemaking and Accountability

Wagner proposed the SEC Regulatory Accountability Act (HR 8239) to ensure that the SEC duly assesses the effects of its rules. Thus, the bill mandates the SEC to carry out an in-depth analysis of issues before introducing new rules that consider their costs, benefits, and possible alternatives.

The SEC Transparency Act (HR 8241) requires the SEC Chairman to provide semi-annual testimony before the House Financial Services Committee and Senate Banking Committee, including at least once with the full Commission.

The third bill, HR 8240, the SEC Cybersecurity Act, requires the SEC to review its information technology infrastructure and data management processes in-depth and share its findings with Congress. 

In declaring these reforms, Wagner slammed the current Biden administration regulatory approach of the SEC under the rule, calling it a “top-down, my way or the highway” approach that imposes a burden on retail investors. She is of the view that the new legislation will enhance the SEC’s accountability and efficiency in rulemaking.

Bipartisan Tensions Over DEBT Box Case

During a House Financial Services Subcommittee hearing on SEC enforcement, lawmakers were divided over the Commission’s handling of crypto startup DEBT Box. Wagner questioned the SEC’s behavior in the case, referring to the Utah judge’s criticism of the agency’s actions and its inappropriate filing of the lawsuit. 

The judge had imposed sanctions upon the SEC for misleading statements and inappropriate conduct. The eventual result of the SEC’s actions was that the leading two attorneys stepped down. In this connection, Wagner criticized this “outrageous abuse of power” and highlighted the necessity of the agency’s enforcement proceedings being based on ethics.

Rep. Brad Sherman (D-CA) recognized the lawyers’ resignation as a requisite. He supported the SEC’s pursuit of allegations against DEBT Box, pointing to some bipartisan support for the organization’s attempt to combat crypto violations.

FDIC Investigation Sparks Calls for Resignation

In a separate development, House Financial Services Committee Chairman Patrick McHenry (R-NC) demanded the resignation of Federal Deposit Insurance Corporation (FDIC) Chair Martin Gruenberg after a report disclosed improprieties at the agency. McHenry characterized the report by Cleary Gottlieb as “damning,” revealing a toxic workplace culture under Gruenberg’s leadership. 

The report summarized a large number of misconducts, inclusive of sexual harassment and discrimination, thus supporting the fact that the FDIC does not observe the standards that it sets for regulated entities.

McHenry suggested Gruenberg to leave to allow a” new set of eyes” in the agency while stating that the FDIC must ensure the stability of the financial institutions and providing a respectful workplace to its employees. The House Financial Services Committee and other regulators are still investigating these allegations and asking whistleblowers to come and tell their stories.

Balancing Enforcement and Due Process

With the SEC enforcement practices subject to a subcommittee hearing and Wagner as the chair, she advocated for a proper balance between deterring securities fraud and protecting due process rights. Wagner pointed out that although the enforcement division of the SEC is important for ensuring market integrity, the “regulation by enforcement” approach can lead to problems for market participants.

She warned that the public’s confidence in the SEC would be further undermined if staff members continued to abuse power or overstep their enforcement activities. Wagner reiterated that the purpose of reform is to protect due process rights, increase transparency, and rebuild trust in the SEC, ultimately allowing the market to function fairly for all participants.

Read Also: Cardano (ADA), Shiba Inu (SHIB), XRP Among Top Crypto Flashing Buy Signals

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Kelvin is a distinguished writer specializing in crypto and finance, backed by a Bachelor’s in Actuarial Science. Recognized for incisive analysis and insightful content, he has an adept command of English and excels at thorough research and timely delivery.

The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.





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Alabama grants Transak a Money Transmitter License (MTL)

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Alabama grants Transak a Money Transmitter License (MTL)
  • Transak secures its first Money Transmitter License (MTL) in Alabama.
  • The license boosts security, speed, and compliance for US cryptocurrency services.
  • Transak targets further state licenses as it enhances its Web3 payments infrastructure.

On October 3, 2024, Transak USA LLC achieved a significant milestone by securing its first Money Transmitter License (MTL) from the Alabama Securities Commission.

This regulatory approval positions Transak as a fully licensed financial institution in the state, a key step in its mission to provide secure and accessible cryptocurrency services across the United States.

Transak expanding its foothold in the US

The Alabama MTL solidifies Transak’s commitment to regulatory compliance, underscoring the company’s efforts to build a secure and transparent infrastructure for crypto transactions in the US.

With cryptocurrency purchases already enabled in 46 states, the company is actively working to secure additional licenses across the country. This proactive approach highlights Transak’s determination to make cryptocurrency widely accessible and compliant with stringent financial regulations.

As a registered Money Service Business with FinCEN, Transak’s new license is a significant trust signal for its users. It allows the company to provide enhanced security, faster transactions, and a more seamless user experience for crypto purchases in Alabama. The move also benefits decentralized platforms integrated with Transak’s services, enabling them to offer their users a smoother and more compliant crypto purchasing experience.

Bryan Keane, the Compliance Officer at Transak, remarked, “Obtaining the Money Transmitter License in Alabama showcases our commitment to compliance and our mission to make cryptocurrency accessible and secure for everyone.”

In the same breath, Sami Start, the CEO of Transak, emphasized the importance of the US market, stating, “Securing state licenses like this one is essential to delivering the best possible services here.”

With over 5.7 million users across 160 countries, Transak continues to expand its presence as the largest Web3 payments infrastructure provider. Headquartered in Miami, with additional offices and tech hubs globally, Transak remains focused on obtaining more state licenses in the US, ensuring its users enjoy an increasingly reliable and legally compliant crypto experience.

The Alabama MTL marks a major step forward for Transak as it strengthens its foothold in one of the world’s most regulated and lucrative markets.



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CFTC votes on allowing DLT-based collateral in commodities and derivatives trading

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CFTC votes on allowing DLT-based collateral in commodities and derivatives trading
  • CFTC’s subcommittee recommends using DLT-based collateral in trading.
  • Approval could broaden access to digital assets for smaller market participants.
  • Strong ETF inflows signal growing institutional interest in digital assets.

In a significant development for the digital assets market, the US Commodity Futures Trading Commission (CFTC) is reportedly considering a proposal that would enable the use of digital ledger technology (DLT)-based collateral in commodities and derivatives trading.

According to Bloomberg, a subcommittee of the CFTC’s Global Markets Advisory Committee recently voted to recommend this proposal, which, if approved, could streamline transactions and promote broader adoption of digital assets in traditional finance.

A step toward mainstream adoption

If the proposal receives final approval from the main committee, it could lead to a paradigm shift in how trading collateral is managed.

The adoption of DLT-based collateral would allow traders to settle transactions using digital assets with the same speed and efficiency that digital ledger and blockchain technology offers.

This change would enable brokers to accept tokenized assets, such as BlackRock’s USD Institutional Digital Liquidity Fund (BUIDL) token, through market-embedded systems.

While the use of blockchain-based assets as collateral is already gaining traction among major financial institutions like BlackRock and JP Morgan, the CFTC’s potential approval would catalyze broader adoption across the industry.

As it stands, only large firms have been able to utilize these innovative financial instruments, but this move could open the doors for smaller market participants to access similar benefits.

Uncertainty ahead

Despite the positive momentum surrounding the proposal, several steps remain before it can be formally submitted for CFTC approval. The main committee must first review and endorse the subcommittee’s recommendation, and there are no guarantees that the CFTC will approve the proposal in its current form.

Regulatory concerns may arise regarding which institutions and blockchains are permitted to participate, which could introduce potential restrictions that may limit the scope of the initiative.

Furthermore, the broader context of digital assets in traditional finance cannot be ignored. Recent trends, such as strong inflows into spot Bitcoin exchange-traded funds (ETFs), indicate a growing acceptance and interest in digital assets among institutional investors.

For instance, BlackRock’s Bitcoin ETF has recently outperformed its peers, witnessing the highest daily inflow of any fund on September 25, marking a five-day streak of inflows across all spot Bitcoin ETFs in the United States.

This surge in interest may influence the CFTC’s decision-making process as they consider the implications of allowing digital assets as collateral.

As this unfolds, stakeholders will be watching closely as the regulatory landscape continues to evolve, potentially paving the way for a more integrated future for digital assets in commodities and derivatives trading.



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Stuart Alderoty Slams US SEC As Ripple Weighs Cross Appeal

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XRP Lawsuit: Ripple’s Chief Legal Officer, Stuart Alderoty, has voiced his frustration with the U.S. Securities and Exchange Commission (SEC) following the agency’s recent notice of appeal.

Ripple is now contemplating filing a cross-appeal, potentially targeting both Judge Analisa Torres’ ruling on institutional sales or the $125 million penalty imposed in August.

XRP Lawsuit: Stuart Alderoty Slams US SEC

In a recent X post, Ripple CLO Stuart Alderoty addressed the SEC’s decision to appeal parts of the court’s ruling. In this case, the company has until October 18 to let the court know if it will appeal the decision, as per Fox Journalist, Eleanor Terret. According to her, the aspects of Ripple’s appeal could be based on Judge Torres’ findings that the XRP sales to institutional investors were unlawful under securities laws and the $125 million fine.

The cross-appeal would be wrapped into the same case now heading to the U.S. Court of Appeals for the Second Circuit.

Alderoty stated that he was dissatisfied with the decision of the SEC to pursue the litigation, adding that the complaint was a complete embarrassment to the commission. He noted that the court dismissed allegations of negligence on the part of Ripple, as well as lack of fraud and harmed investors. As much as the US SEC has been adamant, Stuart Alderoty was insistent that Ripple would continue its defense and more so for the rest of the cryptocurrency companies.

Agency’s Appeal and Brad Garlinghouse Response

The SEC filing of its notice of appeal in the XRP Lawsuit is just days before the October 7 deadline, signaling its intent to challenge Judge Torres’ ruling from July 2023. In that ruling, the court found that while XRP’s programmatic sales through exchanges were not securities transactions, sales to institutional investors did violate securities laws. The reason to appeal to the Securities and Exchange Commission can therefore be either or both of these points though more details have not been confirmed yet.

In his response to the decision, Ripple CEO Brad Garlinghouse also stated that the SEC has continued to squander taxpayers’ funds on what they described as a “losing fight.” Garlinghouse further noted that the SEC had not served the interest of investors but instead harmed itself by stating “I’m not surprised. I’m pissed.” He also pointed out that XRP’s status as a non-security for programmatic sales remains unchanged despite the Securities and Exchange Commission’s appeal.

Alderoty also noted the timing of Gurbir Grewal’s resignation, the SEC’s Director of the Division of Enforcement, who stepped down one hour before the SEC filed its appeal on the XRP Lawsuit. Grewal’s departure has raised more questions on the future of the Securities and Exchange Commission and its leadership since Chair Gary Gensler has been under fire over the handling of cryptocurrency and enforcement.

Both Ripple CLO Stuart Alderoty, Brad Garlinghouse  and the rest of leadership, have constantly lambasted the Securities and Exchange Commission for its handling of the case, accusing the agency of being in bad faith. This comes as Grewal departs from the agency, leaving room for speculations whether or not there will be changes to the US SEC’s approach to enforcing laws in the crypto space.

XRP Price Tanks Over 10% Post Appeal

After the US SEC notice of appeal on the XRP lawsuit, the token’s price has decreased significantly. At press time, XRP price was trading at $0.5331, an 11% decline from the 24 hour high.

Despite this dip,  cryptocurrency commentator CredibleCrypto highlighted Bitwise’s recent filing for an XRP exchange-traded fund (ETF), signaling growing interest in the asset.

 

The analyst as a result suggested that XRP could be the next cryptocurrency after Bitcoin and Ethereum to receive ETF approval, despite the ongoing legal case. The appeal, according to CredibleCrypto, is unlikely to affect XRP’s market trajectory in the long term.

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Kelvin Munene Murithi

Kelvin is a distinguished writer with expertise in crypto and finance, holding a Bachelor’s degree in Actuarial Science. Known for his incisive analysis and insightful content, he possesses a strong command of English and excels in conducting thorough research and delivering timely cryptocurrency market updates.

Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.





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