Regulation
House Hearing Challenges SEC’s New Equity Rules, Here’s Why
The House Financial Services Subcommittee on Capital Markets, under the leadership of Chairman Ann Wagner (MO-02), held a hearing titled “Solutions in Search of a Problem: Chair Gensler’s Equity Market Structure Reforms.”
The session focused on the equity market structure reforms proposed by SEC Chair Gary Gensler, which aim to overhaul the current structure of American equity markets.
House Hearing Challenges SEC’s New Equity Rules
The chairman of the commission, Wagner, noted that there is no clear understanding of the market issues that the proposed reforms address and how they will help market participants.
Wagner pointed out that the U. S. capital markets are already very liquid and competitive, pointing out that 12 billion shares are traded in American stock markets daily. She pointed out that retail trading has increased since the zero-commission trading was introduced in 2019 and is estimated to constitute between 10-20% of the trading volume in the U.S.
This afternoon, I heard firsthand from market participants how the @SECGov‘s equity market structure rules will disrupt our capital markets, likely at the expense of everyday investors. The SEC needs modern market data before acting, and I heard that loud and clear today. pic.twitter.com/InJJ67gWxF
— Congressman Dan Meuser (@RepMeuser) June 27, 2024
Subsequently, Wagner opposed the SEC for promoting these reforms without sufficient economic analysis and justification. She argued that the SEC’s own economic analyses acknowledged that the impacts of the proposals were “unquantifiable.” In addition, she raised concerns about the use of old and unreliable data, including data from Rule 605 reports, which the SEC staff admitted were not very useful.
The hearing focused on five key equity market structure proposals that the SEC has introduced in less than a year. In March 2024, the SEC approved one proposal which is related to the changes in Rule 605 concerning the enhancement of the order execution data.
According to Wagner, this enhanced information should have been analyzed to see whether there was a need for embarking on other reforms prior to presenting the remaining proposals.
Calls for Prudent Regulatory Actions
Wagner suggested that the SEC should slow down and focus more on implementing effective rules for which there is sufficient evidence pointing to their necessity and on conducting proper cost-benefit analysis.
She said that millions of Americans rely on the US equities markets for their financial concerns and that such a system should not be altered in a way that would jeopardize the stability of the market.
Testimonies at the hearing aligned with Wagner’s worries where they stated that the proposed changes may harm the retail investors. They underlined the need to preserve the conditions that have attracted competition and efficiency with minimal interference.
Supreme Court Decision on SEC’s Enforcement Powers
Concurrently, the Supreme Court has recently decided that defendants in SEC fraud cases have a right to a jury trial in federal court, which means that the SEC cannot prosecute some complaints internally. This decision impacts the SEC’s enforcement strategy because civil fraud cases have to be heard in federal courts, which may change the way the SEC deals with such cases.
The Supreme Court’s decision may influence other regulatory agencies and may be a sign of the ongoing tendency to constrain the authority of federal regulators.
This ruling comes after a number of court decisions that have limited the authority of federal agencies, and including environmental ones. The SEC had already started reducing the in-house cases even before the ruling and the recent decision will define its future enforcement strategies.
Read Also: Ripple CLO Spotlights SEC’s Setback In Proxy Advisory Firms Rule
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.
Regulation
US SEC Publishes Grayscale’s Digital Large Fund Cap Filing In Federal Register
The US Securities and Exchange Commission (SEC) has published Grayscale’s 19b-4 filing for its Digital Large Cap Fund in the Federal Register. This significant development has officially kickstarted the US SEC’s review process for the asset manager’s application to convert this fund into an ETF.
US SEC Publishes Grayscale’s Filing In Federal Register
Grayscale announced in a press release that the US SEC has published the NYSE’s 19b-4 filing to list and trade its Digital Large Cap Fund as an Exchange-Traded Product (ETP) in the Federal Register.
This formally initiates the review process for the Commission to review and possibly approve the application. As noted in the press release, this review process can take up to 240 days before the regulator must decide whether to approve or deny the application.
If the US SEC approves the NYSE’s proposed rule change, it would be the first time a national securities exchange would list and trade shares of multi-crypto asset ETPs. The SEC’s acknowledgment of the 19b-4 filing just comes around two weeks after the asset manager filed to convert the Digital Large Cap Fund into an ETF.
According to Grayscale, as of November 1, the GDLC currently holds over $530 million in assets under management (AuM) for the fund. The fund holds Bitcoin, Ethereum, Solana, XRP, and Avalance, which are weighted according to their respective market caps.
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.
Regulation
Former SEC Official Criticizes Wells Notice Against Immutable
Former SEC official Marc Fagel has voiced concerns over the Securities and Exchange Commission’s recent issuance of a Wells Notice to Immutable, an Ethereum-based Web3 gaming company. Immutable claims that the Wells Notice arrived with limited prior communication or explanation, marking a sharp departure from what is typically a more extensive investigative process.
Fagel commented that it is unusual for the SEC to issue such notices without first conducting a thorough investigation, suggesting that this approach could be “risky.”
Former SEC Official Questions Rapid Wells Notice Issued to Immutable
Immutable announced it had received a sudden Wells Notice from the U.S. Securities and Exchange Commission (SEC). The notice, which serves as a formal alert for potential enforcement action, cited alleged securities law violations related to private IMX token sales in 2021. However, the specifics of these alleged violations were minimally detailed in the notice, sparking questions about the SEC’s procedural approach.
Former SEC Official Marc Fagel commented on the surprise issuance, noting that it’s uncommon for the agency to send such a notice without preliminary investigation. In typical cases, companies expect several months of interviews or exchanges before receiving a Wells Notice, and Fagel stated that deviating from this standard practice could be seen as “risky.”
In a heated discussion on the X platform, the former SEC official added,
“BTW, it’s hard to believe the SEC would Wells without conducting sufficient investigation to support the claims; way too risky outside the TRO scenario. That said, I’ve heard plenty of anecdotes about the crypto unit dropping a Wells out of the blue, which is kinda scuzzy.”
Wells Notice Reflects SEC’s “Regulation by Enforcement” Strategy
The crypto sector has witnessed similar actions, with companies such as Coinbase, Consensys, and Crypto.com also receiving Wells Notices. The sudden notice aligns with a broader trend criticized as “regulation by enforcement.” Here, the agency proceeds with legal action rather than establishing clear compliance guidelines.
Immutable pointed out that its interaction with the SEC was exceptionally brief before the Wells Notice was issued. More so, they noted that it lacked meaningful explanation, containing fewer than 20 words specifying the alleged securities violations.
The Securities and Exchange Commission approach has caused considerable frustration within the crypto community. Fagel highlighted that the SEC’s surprising strategy of issuing Wells Notices abruptly in the crypto sector has become increasingly common.
ConsenSys Responds to SEC Claims on MetaMask
In parallel, blockchain company ConsenSys recently filed a response to the SEC’s claims regarding alleged securities violations by MetaMask. ConsenSys disputed the allegations, stating that MetaMask’s product embodies essential blockchain principles. It allows users to interact in a decentralized way. The company also reinforced its commitment to defending its product and technology within the legal framework.
Notably, under SEC Chair Gary Gensler, crypto firms have reported heightened compliance burdens. Regulatory enforcement actions have cost the industry an estimated $400 million, according to the Blockchain Association. These reports aligns with what the former SEC official, Marc Fagel, terms as “scuzzy”.
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.
Regulation
Why A 25Bps Cut Is “Pretty Straightforward”
Former Cleveland Fed President Loretta Mester recently discussed a potential Fed rate cut at the November FOMC meeting. She said that a 25 basis point (bps) cut seems pretty straightforward at this point and explained why.
A 25bps Fed Rate Cut Is “Pretty Straightforward”
Loretta Mester mentioned during a CNBC interview that a 25 basis point Fed rate cut seems pretty straightforward at this point, considering that inflation has come down quite a bit from its peak even though it is not yet at the US Federal Reserve’s 2% target.
She alluded to all the recent inflation data since the September FOMC meeting, which she claimed doesn’t change the base narrative that inflation has come down and the growing confidence that it will continue to trend downward.
The former Fed president also noted that the unemployment rate is moderating, and the job data shows that the labor market is healthy. As such, she remarked that the Fed should be trying to implement monetary easing policies as the US economy normalizes.
Mester’s comments come amid the release of the US job data, which showed that the non-farm payroll rose by 12,000 in October, lower than the expected 110,000. Meanwhile, the unemployment rate remained unchanged at 4.1%.
Commenting on this, the former Cleveland Fed president said that the lower-than-expected job figures were likely due to the hurricanes in the United States last month. She added that she is glad the unemployment rate remained unchanged as it showed that the US economy isn’t as weak as the non-farm payroll suggested.
Like Mester, traders seem confident that a 25bps Fed rate cut should be the Fed’s next step. FedWatch tool data shows there is a 99.8% probability of the Federal Reserve cutting interest rates by 25 bps at its November FOMC meeting.
The Significance Of The Fed’s Decision
A 25bps Fed rate cut is significant as it could be the catalyst for a Bitcoin price rise past its current all-time high (ATH) of $73,700. Bitcoin and the broader crypto market reacted positively in September following the 50 bps rate cut at the September FOMC meeting.
It is worth mentioning that a Fed Rate cut decision will come just two days after the November 5 US presidential elections. As such, the aftermath of the elections, coupled with a rate cut, is the perfect recipe for a BTC and crypto market rally.
Crypto stakeholders like BitMEX co-founder Arthur Hayes have suggested that the crypto community should focus even more on the Fed’s decision rather than the US election. Arthur Hayes claimed that the US election outcome won’t impact BTC. Instead, he remarked that money printing and increased US debt issuance could ultimately boost Bitcoin.
However, according to a CoinGape market analysis, the Bitcoin price could suffer an 8% to 13% correction should Kamala Harris win the election. Meanwhile, if Donald Trump wins, BTC could easily surge past its ATH and rise to as high as $80,000.
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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