SEC Commissioner slams agency’s approach to crypto filings

SEC Commissioner Mark Uyeda has criticized the SEC’s approach to crypto disclosure rules, calling it “problematic.” The comment came in a July 1 statement on the SEC’s website. 

Per a statement on July 1, Uyeda announced new rules for Registered Index-Linked Annuities (RILA). However, a footnote in the statement criticised the SEC’s approach to crypto regulations.

SEC Commissioner says current approach inadequate

Uyeda noted that Form S-1 filings, used by firms going public or registering new securities, need updates. The commissioner argued that the commission’s current approach “neither facilitates capital formation nor protects investors.”

Uyeda pointed out that certain crypto assets have unique characteristics that make Form S-1 filings inadequate, adding that the form “may technically require information that is not relevant or applicable” to digital assets yet fails to mandate “certain information that may be material.”

He stressed the need for a tailored disclosure regime for crypto assets.

U.S. crypto advocacy group, the Blockchain Association, praised Uyeda’s comments. They described his approach as “nuanced” and “innovation-forward.” 

According to the association, this approach is exactly what the crypto industry needs.

The recent comments marked the first time Uyeda called for specific crypto regulations, as noted by  Alexander Grieve, head of government affairs at Paradigm. 

Grieves underscored the significance of Uyeda’s statement, adding: 

The SEC under a different admin would be a very different place. 

SEC takes a stab at Consensys

Uyeda’s statement came just days after the SEC sued Ethereum development firm Consensys. 

On June 28, the SEC accused Consensys of acting as an unregistered broker. The complaint focused on Consensys’ MetaMask wallet and staking services.

In its complaint, the SEC said:

Since January 2023, Consensys has engaged in the unregistered offer and sale of securities in the form of crypto asset staking programs and acted as an unregistered broker through its MetaMask Staking service.

The SEC claims Consensys collected over $250 million in fees by brokering crypto transactions and offering staking services without proper registration. This, they argue, deprived investors of crucial protections. 

Further, the commission has also targeted Consenys’s investments in Lido and Rocket Pool’s staking programs. By facilitating these investments, the SEC claims that Consensys acted as an intermediary in unregistered transactions.

As such, the securities watchdog seeks a permanent injunction, civil penalties, and other equitable relief against Consensys.

Consensys has denied the SEC’s claims. The firm asserts that ETH and related staking services are not securities.

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