CFTC and SEC propose amending reporting rules for large hedge funds on crypto exposure

Published at: Aug. 10, 2022

The United States Securities and Exchange Commission, or SEC, and the Commodity Futures Trading Commission, or CFTC, has proposed requiring large advisers to certain hedge funds to report any exposure to digital assets.

In a Wednesday notice, the SEC and CFTC proposed amending their confidential reporting form for certain investment advisers to private funds of at least $500 million. The Form PR would require qualifying hedge funds to not include exposure to cryptocurrencies when reporting “cash and cash equivalents,” but rather add them under a different category “to report digital asset strategies accurately.”

The two U.S. financial regulators cited the growth in the hedge fund industry as the reason for the proposed change, due in part to digital asset investments becoming more common since Form PR was introduced in 2008. According to the SEC and CFTC, having investment advisers provide more detailed information on strategies and exposure to certain assets would allow the Financial Stability Oversight Council to better assess potential risks to the U.S. economy.

“In the decade since the SEC and CFTC jointly adopted Form PF, regulators have gained vital insight with respect to private funds,” said SEC chair Gary Gensler. “Since then, though, the private fund industry has grown in gross asset value by nearly 150 percent and evolved in terms of its business practices, complexity [...] If adopted, [this proposal] would improve the quality of the information we receive from all Form PF filers, with a particular focus on large hedge fund advisers.”

Our Commission will be meeting shortly to consider proposed changes to Form PF to amend reporting requirements for all filers and large hedge fund advisers.Tune in to the livestream of our meeting at 10am ET: https://t.co/RhiOji1iyR

— U.S. Securities and Exchange Commission (@SECGov) August 10, 2022

A fact sheet on the proposal released on Wednesday showed the number of private funds has increased by roughly 55% between 2008 and the third quarter of 2021. According to data from market research firm IBISWorld, there were 3,841 U.S.-based hedge funds as of 2022.

Related: Within five years, US hedge funds expect to hold 10.6% of assets in crypto

PricewaterhouseCoopers reported in June that roughly one-third of traditional hedge funds it surveyed globally were invested in crypto, but more than half had less than 1% exposure to digital assets out of their total assets under management. According to the firm, respondents cited “regulatory and tax uncertainty” as the greatest barrier to investing in crypto.

Tags
Sec
Related Posts
The new episode of crypto regulation: The Empire Strikes Back
The latest news has left the decentralized finance community in a collective fetal position. Responding to the threat of increased regulatory oversight, leading decentralized exchange Uniswap recently restricted the trading of certain tokens. Earlier in July, Dan M. Berkovitz, chairman of the Commodity Futures Trading Commission (CFTC), said that DeFi derivatives platforms might contravene the Commodity Exchange Act (CEA): “Not only do I think that unlicensed DeFi markets for derivative instruments are a bad idea, but I also do not see how they are legal under the CEA.” Most worrisome of all is the initial version of the United States …
Technology / Aug. 27, 2021
US Regulators Take Joint Action Against Crypto Firms’ Swaps Offering
Two related cryptocurrency firms have fallen foul of United States financial regulators for entering into illegal off-exchange swaps in digital assets and foreign currency. On July 13, the U.S. Commodity Futures Trading Commission (CFTC) issued an order filing and settling charges against the two firms. The same day, the U.S. Securities and Exchange Commission (SEC) announced that it had reached a settlement agreement with the respondents ahead of instituting its own cease-and-desist proceedings. Misconduct and settlement with the SEC The two respondents operate from Manila in the Philippines and Mountain View, California, and are named “Plutus Technologies Philippines Corporation” and …
Regulation / July 14, 2020
SEC loses a battle to win the war? Ripple dissociates from pumping XRP
When the United States Securities and Exchange Commission filed legal action against Ripple Labs and its top-two executives in December, alleging that its XRP coin was in fact a security and that the firm had raised over $1.38 billion through an unregistered securities offering in 2013, many wondered if XRP would even survive. Some exchanges delisted XRP; some asset managers sold their XRP tokens. XRP had lost its place as the top 3 currency by market capitalization and was even looking like it could drop from the top 10. But reports of Ripple’s demise were spectacularly exaggerated. As of mid-April, …
Regulation / April 18, 2021
Binary Options Scams Spread Into Crypto, Time for US Lawmakers to Act
Mainstream finance and cryptocurrency are becoming more closely intertwined with each passing day. Just over a year ago, the idea of centralized financial behemoths trialing blockchain or crypto solutions would have been unthinkable. Currently, cryptocurrency is traded like never before. In just the last few weeks, major players have launched both Bitcoin options and futures platforms, making cryptocurrency accessible to a whole new range of investors. For crypto enthusiasts, each instance of wider integration with mainstream finance is a cause for celebration. For cryptocurrency’s many detractors, these new ways of trading are simply opening the door to a rogue sector …
Regulation / Nov. 6, 2019
Alameda's Caroline Ellison and FTX's Gary Wang hit with additional fraud charges
The United States Securities and Exchange Commission (SEC) and the Commodities Futures Trading Commission (CFTC) have hit former Alameda Research CEO Caroline Ellison and former FTX co-founder Gary Wang with fresh fraud charges. The new charges from the SEC and CFTC come as the pair plead guilty to federal fraud charges filed by the U.S. Department of Justice (DOJ) earlier on Dec. 22. SEC states that Ellison and Wang were charged for their role in the "multiyear scheme to defraud equity investors in FTX,” with the SEC also investigating whether other securities laws were violated as well. The SEC alleges …
Regulation / Dec. 22, 2022