US: Crypto Is Among SEC’s Top Examination Priorities for 2019

Published at: Jan. 11, 2019

Cryptocurrencies are one of the United States Securities and Exchange Commission’s (SEC) top examination priorities this year, according to an official statement announced by the commission Dec. 20.

In the SEC’s Office of Compliance Inspections and Examinations (OCIE) recent report, digital assets — specified as  cryptocurrencies, coins and tokens — are included among the six “themes for OCIE’s 2019 Examination Priorities.”

The report states that the the office is planning to focus on monitoring the emerging market and enforcing compliance with existing laws:

“OCIE will continue to monitor the offer and sale, trading, and management of digital assets, and where the products are securities, examine for regulatory compliance.”

In terms of other goals of the office’s examination of crypto, the document also declares:

“In particular, through high level inquiries, OCIE will take steps to identify [cryptocurrency] market participants.”

The report states that the office will examine portfolio management of digital assets, trading, safety of client funds and assets, pricing of client portfolios, compliance and internal controls of crypto companies.

As Cointelegraph reported in December of last year, SEC Chairman Jay Clayton has said that initial coin offerings (ICOs) “can be effective” but that “securities law must be followed.” Also, according to Clayton, ICOs operate in a way that grants substantially less investor protection than that of traditional equities and fixed income markets.

In October, the SEC reportedly launched the agency’s Strategic Hub for Innovation and Financial Technology (FinHub). The hub aims to facilitate the SEC’s engagement in fintech-related fields, including distributed ledger technology and digital assets.

Tags
Sec
Related Posts
What the SEC can learn from the German regulator
The United States Securities and Exchange Commission’s chairperson Gary Gensler announced this month that the crypto industry should not escape the purview of the regulator. He highlighted that decentralized finance (DeFi) trading and lending protocols need particular attention when it comes to investor protections. Regulation can extend into a menu of options that covers custody, reporting, counterparty verification and asset classification and issuance. Reports are surfacing that people are waiting with bated breath on how the SEC will regulate the DeFi industry, but Germany's Federal Financial Supervisory Authority, also known as BaFin, has found a way to apply existing securities …
Technology / Aug. 12, 2021
US SEC’s Crypto Mom: ‘I Think We Need to Be a Little Less Paternalistic’
United States Securities and Exchange Commission (SEC) Commissioner Hester Peirce recently spoke on innovation in cryptocurrencies, calling regulators excessively paternalistic. DACOM Summit At the Digital Asset Compliance and Market Integrity (DACOM) Summit in New York today, Sept. 26, Commissioner Peirce led a Q&A session that featured extensive discussion of the future of regulation for crypto assets. Hosting the summit were law firm Hogan Lovells and Solidus Labs, a market surveillance tool provider. Crypto Mom Peirce’s benign attitude towards digital assets has earned her the moniker Crypto Mom, towards which she expressed some fondness at the beginning of her appearance at …
United States / Sept. 26, 2019
US Congressmen Call on SEC for Regulatory Clarity Regarding Cryptocurrencies
A group of lawmakers from the U.S. Congress has sent a letter to Securities and Exchange Commission (SEC) Chairman Jay Clayton, calling for regulatory clarity regarding cryptocurrencies, CNBC reported September 28. According to CNBC, more than a dozen congressmen asked Clayton to tell investors how the SEC plans to regulate digital currency. The lawmakers requested clarity on the criteria for identifying digital tokens as “investment contracts” and therefore securities, in addition to a description of the tools the SEC will use to provide more concrete guidance to innovators in the field. The letter reads: "It is important that all policy …
United States / Sept. 29, 2018
US: CFTC Seeks to ‘Provide Regulatory Clarity’ for Listing Virtual Currency Derivatives
The U.S. Commodity Futures Trading Commission (CFTC) has issued an advisory statement for listing virtual currency derivative products, according to a CFTC press release published yesterday, May 21. The advisory statement is aimed at providing clarity for exchanges and clearing houses. The staff advisory, which was jointly issued by the CFTC’s Division of Market Oversight (DMO) and Division of Clearing and Risk (DCR), focuses on the specific areas involved in listing virtual currency derivatives on a designated contract market or swap execution facility. It covers the necessity for more market surveillance, coordination with CFTC staff, large trader reporting, and DCO …
United States / May 22, 2018
US Lawmakers Want to Brand Libra a Security, Association Disagrees
A couple of United States lawmakers are looking to classify stablecoins as securities. With Libra considering adopting fiat-pegged stablecoins rather than a single token supported by a basket of national currencies, the proposed crypto project might be facing yet another regulatory hurdle. Meanwhile, lawmakers sponsoring the bill say stablecoins should be classified as securities to protect U.S. consumers. If passed, stablecoin projects like Libra will potentially fall under the purview of stringent U.S. securities regulations. Critics of the move remark that such measures only serve to further dampen the country’s position in the emerging digital landscape. Some commentators have long …
United States / Dec. 1, 2019