Outgoing SEC Chair Jay Clayton reveals what’s driving the rise of BTC

Published at: Nov. 20, 2020

The outgoing SEC Chairman Jay Clayton, who oversaw the rejection of nine Bitcoin (BTC) exchange-traded funds during his tenure, has told CNBC that “inefficiencies” in the current payments systems are continuing to drive the popularity of Bitcoin.

Appearing on CNBC’s Squawk Box yesterday, Clayton, who is due to step down by the end of the year, confirmed his agency’s general assessment that Bitcoin was not a security but a payment mechanism and store of value.

"We determined that bitcoin was not a security, it was much more a payment mechanism and stored value," says SEC Chairman Jay Clayton on #btc. "Our current payment mechanisms--have inefficiencies those inefficiencies are the things that are driving the rise of bitcoin." pic.twitter.com/3r1mxzfgpi

— Squawk Box (@SquawkCNBC) November 19, 2020

The chairman has been widely criticized by the Bitcoin community for keeping a tight rein on Bitcoin and cryptocurrency. However, during his years as SEC chair, Clayton was never a staunch opponent of Bitcoin in principle, but regularly expressed his fears that average investors could be subjected to unnecessary risk when investing in a Bitcoin ETF.

This risk is due to the SEC’s perception that the largely unregulated nature of some Bitcoin exchanges makes it too easy for the price of BTC to be manipulated. With Clayton out as SEC chair, some Bitcoin proponents believe the chance of a Bitcoin ETF being approved is now greater than ever.

Just in: SEC Chairman Jay Clayton will be stepping down in December. This is a huge deal for crypto regulation.Clayton’s successor will ultimately approve or deny a Bitcoin ETF. Let’s hope the new chair understands innovation

— Yano (@JasonYanowitz) November 16, 2020

Clayton believes Bitcoin will continue to grow, while regulations evolve.

What we are seeing is that our current payment mechanisms, domestically and internationally, have inefficiencies. Those inefficiencies are the things that are driving the rise of Bitcoin... And we’re gonna see more of that. We’re gonna see this mature and we’re gonna see more regulation around the digital payment space.

Clayton was the first member of the SEC to issue a warning about the potential pitfalls of investing in initial coin offerings during the 2017 ICO craze, reminding the public that such products were usually regarded as securities offerings and subject to the regulations accompanying them.

“We did not regulate Bitcoin as a security,” said Clayton, explaining that BTC was “much more a payment mechanism and stored value” than a security.

When people use crypto assets as securities to raise capital for a venture, the SEC regulates that. And what was happening in the ICO craze was people were using ICOs and essentially making offerings of public securities without registering them with the SEC.

Clayton was nominated for SEC Chair by President Donald Trump in January 2017 and is leaving the position as one of the agency’s longest-serving chairs. In June 2020, Clayton was nominated by Trump to replace the outgoing United States Attorney for the Southern District of New York, a position which he says he sought out of a strong desire to continue his career in public service.

Tags
Etf
Sec
Related Posts
SEC Chairman says cryptocurrency falls under security-based swaps rules
The United States Securities and Exchange Commission may soon issue new rules for the regulation and registration of security-based swaps, including cryptocurrency. In a speech to the American Bar Association Derivative and Futures Law Committee, SEC Chairman Gary Gensler laid out the changes coming to security-based swaps over the next year. The changes are designed to increase transparency and reduce risk to the market. The new requirements that will go into effect in November include new counterparty protections, requirements for capital and margin, internal risk management, supervision and chief compliance officers, trade acknowledgement and confirmation, and recordkeeping and reporting procedures. …
Technology / July 21, 2021
SEC delays decision on Wisdom Tree Bitcoin ETF
On July 13, the Securities and Exchange Commission, or SEC, pushed back its decision on Wisdom Tree’s Bitcoin ETF with a request for public feedback. This request will allow members of the public to communicate their position on whether the trust should be approved or denied. The SEC’s notice stated: “The Commission requests that interested persons provide written submissions of their views, data and arguments with respect to the issues identified above, as well as any other concerns they may have with the proposal.” Public comments are required to be submitted to the Federal Register within 21 days, and rebuttals …
Technology / July 14, 2021
Here’s why the SEC keeps rejecting spot Bitcoin ETF applications
It is not the first time the U.S. Securities and Exchange Commission (SEC) rejected proposals for a Bitcoin spot exchange traded product (ETP), but efforts continue to be made by different financial institutions. The recent attempt made by Cboe BZX Exchange on Jan. 25 to list the Fidelity Wise Origin Bitcoin Trust as a Bitcoin ETP has also failed. The SEC letter published on Feb. 8 pointed out that the exchange has not met its burden to demonstrate the fund is “designed to prevent fraudulent and manipulative acts” and “to protect investors and the public interest”. Although proposals of Bitcoin …
Etf / Feb. 15, 2022
Grayscale CEO pleads Bitcoin spot ETF as SEC backs third BTC Futures ETF
Institutional investors rejoice, there is one more way to gain exposure to Bitcoin (BTC). The United States Securities and Exchange Commission (SEC) announced overnight the approval of a fourth Bitcoin futures exchange-traded fund (ETF). Fund group Teucrium is behind the most recently approved Bitcoin Futures ETF. The ETF joins a growing number of approved futures ETFs, complementing ProShares, Valkyrie, and VanEck Bitcoin Futures ETFs. Every Bitcoin spot ETF has been rejected to date, however, for one invested observer, the way in which the approval was made could be a boon for expectant spot investors. The plot thickens on the path …
Adoption / April 7, 2022
Grayscale BTC Trust trades at a record 36.7% discount, but is it justified?
U.S. investors have been waiting for a Bitcoin exchange-traded fund (ETF) approval since May 2014 when the Winklevoss Bitcoin Trust filed an amendment request at the Securities and Exchange (SEC). Over the years, the SEC has rejected every applicant and the latest denial was issued to WisdomTree’s application for a spot Bitcoin ETF on Oct. 11. The SEC concluded that the offer did not have the ability “to obtain information necessary to detect, investigate, and deter fraud and market manipulation, as well as violations of exchange rules and applicable federal securities laws and rules.” Bitcoin investment trust vehicles have existed …
Etf / Oct. 15, 2022