Regulation
Congresswoman Introduces Bills to Reform SEC Rulemaking
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.
RELEASE: Wagner Introduces Legislation to Reform the SEC’s Rulemaking Process
Read more on the bill here ⬇️⬇️⬇️https://t.co/asrcYEjuQ3
— Ann Wagner (@RepAnnWagner) May 7, 2024
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.
🚨 BREAKING: Chairman @PatrickMcHenry calls on @FDICgov Chair Marty Gruenberg to resign following damning independent report released today by Cleary Gottlieb.
📖 Read more ⬇️https://t.co/MhZgXSEwAK pic.twitter.com/Tu7sFYgHBo
— Financial Services GOP (@FinancialCmte) May 7, 2024
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
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.
The newly elected Indian government under Prime Minister Narendra Modi will present the Union Budget later this month on July 23. India’s crypto industry is looking forward to this budget with high hopes expecting some tax reliefs along the way. Furthermore, the crypto industry is also looking for clear guidelines from the Indian government.
India Budget: Will Govt. Reduce Crypto Tax Burden?
For the upcoming union budget, the crypto industry has a few hopes such as the reduction in crypto taxes, allowing the off-setting of crypto losses against the gains in a given financial year, as well as treating capital gains in crypto at par with other asset classes. Lastly, the industry expects India to build a conducive environment for crypto firms, in order to compete with other global economies.
Back in 2022, the Indian government had imposed a hefty 30% tax flat on crypto gains. This was irrespective of one’s income tax slab. Additionally, the government imposes a 1% tax deducted at source (TDS) on every transfer of crypto assets.
Ashish Singhal, co-founder of cryptocurrency app CoinSwitch, stated that to make the most out of India’s Web3 opportunity, the Indian government must reconsider the cryptocurrency tax treatment in the upcoming budget. He said:
“The flat rate of 30 percent applicable on income from the transfer of VDAs needs to be re-examined to ensure parity with other tech-enabled sectors. Additionally, the threshold of Rs 10,000 or Rs 50,000 can also be looked at. Most crypto sellers (mainly individuals) are in the low-income bracket. Increasing the threshold will reduce the administrative burden on the tax department in processing refunds”.
A key advantage of investing in traditional assets like stocks, gold, and bonds is the ability to offset losses in one asset against gains in another within the same year and to carry forward unadjusted losses for future adjustments. In contrast, losses from one crypto asset cannot be offset against gains from another, nor can they be carried forward. As a result, the industry is seeking a major revision to this rule.
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Furthermore, during the pre-budget consultations, the Bharat Web3 Association requested the government in order to reduce the TDS from 1 percent to 0.01 percent.
“The Indian VDA market has seen a sharp decline in business over the past two years since the 1 percent TDS and capital gains tax were implemented. The 1 percent TDS has significantly impacted our business. We expect the upcoming budget to address our grievances and reduce the TDS and capital gains taxes on VDA transactions to reasonable levels, allowing us a level playing field to function and prosper,” said Shivam Thakral, chief executive officer, BuyUcoin, a cryptocurrency exchange.
Learning Lessons from US Regulations
The US SEC’s approach to regulation through enforcement has faced a strong backlash from the crypto industry players in recent years. Such regulatory measures have forced several token innovators and crypto developers to set up their base outside the US.
One of the primary criticisms of US crypto regulation is the lack of clear, consistent guidelines. This uncertainty has placed startups and established companies in a challenging position, unsure of compliance requirements and wary of abrupt legal repercussions.
As India advances in shaping its crypto regulatory framework, it can draw lessons from the US to sidestep potential pitfalls and cultivate a more favorable environment for digital assets. India should aim for a balanced approach, akin to the Goldilocks zone, promoting innovation while safeguarding investors through regulations that are neither overly stringent nor lax.
Emphasizing the practical utility of blockchain technology beyond speculation can spur the creation of impactful solutions in sectors such as finance, supply chain management, and public administration.
Also Read: Voice of Web3 by Coingape : Showcasing India’s Cryptocurrency Potential
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.
A wave of controversy has erupted in the crypto community as Celsius Network faces backlash for suing users who withdrew funds prior to the company’s bankruptcy. David Schwartz, the Chief Technology Officer of Ripple, has weighed in on the matter. Moreover, he offered insights into why Celsius might have taken such drastic action.
Ripple CTO On Celsius’ Latest Move
According to a user on X, Celsius Network has initiated lawsuits against numerous users in New York courts. The user expressed frustration, stating, “Celsius Network has officially sued me and thousands of innocent users… because we happened to take our money off the platform 90 days before they declared bankruptcy.”
The crux of the issue lies in the concept of “clawback.” Clawback provisions allow bankrupt companies to recover funds withdrawn by users within a certain period before the bankruptcy filing. In this case, the period is 90 days. Hence, Ripple CTO Schwartz emphasized the legitimacy of these actions in specific contexts, particularly regarding “non-existent ‘profits.’”
He stated, “If you withdrew fake ‘profits’ that were never actually earned or generated, then you didn’t withdraw your own money.” A user responded to the Ripple CTO, highlighting the perceived injustice. They wrote, “Clawback attempt for people who had withdrawn within 90 days of filing for BK. Absolutely disgraceful behavior.”
Schwartz tried clarifying the nuances by asking, “Are they just trying to clawback non-existent ‘profits’? Or are they trying to clawback returns of principal?” Further discourse revealed that Celsius is allegedly pursuing the return of both profits and principal amounts withdrawn within the 90-day period. The original poster detailed, “They started off asking for 27% of all principal as a settlement, which came across as a giant scam.”
Schwartz’s stance on such actions is clear: “Usually, in schemes like this, they don’t go after people who withdrew their own principal unless there’s evidence that they had inside information or connections.” Moreover, the lawsuit’s impact on users has been severe.
Also Read: XRP Price Decline To $0.40; Can The Ripple’s New Try It Feature Change That?
The Other Perspective
The original poster mentioned, “They are asking for outrageous sums of money, basically my entire net worth.” This sentiment is echoed by many in the crypto community, who fear the broader implications of such legal actions. Another user questioned, “Why would they let you keep profits off assets they are saying you didn’t have the right to have?”
Replying to the user, the Ripple CTO provided a different perspective this time. He argued that the losses suffered by users are a result of Celsius’ fraudulent activities. He stated, “Why should an innocent party bear the costs of Celsius’ fraud? Why should the victim have to suffer the additional loss of bearing the costs of a free option they never agreed to give anyone?”
The lawsuits have not only financial repercussions but also emotional ones. The original poster described the emotional turmoil caused by the lawsuits and the substantial legal fees incurred. “I have to spend thousands to retain an attorney,” they lamented.
As the crypto community watches closely, prominent figures like Coinbase CEO Brian Armstrong and TRON founder Justin Sun have been called upon to support the affected users. In addition, they also asked for aid from ZachXBT, a renowned crypto sleuth. The outcome of these lawsuits could set a significant precedent for the industry.
Also Read: Ripple CLO Slams US Authority Over Crypto Regulation Approach
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.
The U.S. House will vote next week to overturn President Joe Biden’s veto of Staff Accounting Bulletin 121, also known as SAB 121. The bulletin has stirred controversy in the crypto industry. It mandates that firms custodying crypto record customer holdings as liabilities.
House Majority Leader Steve Scalise indicated the vote might occur on Tuesday or Wednesday. Following the veto, the vote is a constitutional obligation. The measure previously passed the House with a 228-182 vote.
Bipartisan Push to Overturn SAB 121 Veto
SAB 121 requires firms holding crypto assets for customers to list these as liabilities. This rule has raised concerns among banks and the crypto industry. They argue it could hinder their ability to safeguard digital assets.
The resolution to overturn SAB 121 has seen bipartisan support. In May, the Senate passed it with a 60-38 vote, including support from Senate Majority Leader Chuck Schumer. However, overturning a veto requires a two-thirds majority in the House and Senate.
From venture capital firm Paradigm, Alexander Grieve noted the challenge but saw potential. “Remember when Biden vetoed the SAB121 rollback? It’s back on the House floor next week.” He pointed out the previous bipartisan support for the FIT21 crypto market structure bill.
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Challenges Mount in Overturning Crypto Rule Veto
Despite bipartisan support, overturning the veto remains challenging. The House needs 290 votes, 60 more than the initial 228 votes in favor. Cody Carbone from the Chamber of Digital Commerce expressed doubts about reaching this threshold.
Carbone emphasized the difficulty of changing 60 members’ minds in a week. He acknowledged the efforts for consumer protection and good governance. However, he believes the attempt to override the veto will ultimately fail.
The crypto industry remains hopeful but realistic about the upcoming vote. They recognize the steep hill to climb to overturn the veto. The focus now is on rallying additional support in the House.
The outcome of the vote has significant implications for the crypto industry. If the veto is overturned, it could ease concerns about banks’ ability to safeguard digital assets. Conversely, if it stands, firms may need help complying with SAB 121.
The crypto industry has been vocal about its concerns. They argue that the rule could stifle innovation and hinder the growth of digital assets. The upcoming vote is crucial for determining the regulatory landscape for crypto.
Supporters of overturning the veto emphasize the importance of flexibility for financial institutions. They argue that SAB 121 imposes undue burdens on firms holding crypto assets. The vote will be a crucial indicator of congressional support for the crypto industry.
Also Read: Venezuela’s Digital Asset Remittances Hit Yearly $460 Million
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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