US SEC to Shift Away from Mandating Crypto Firms to Register as Trading Systems, Says Chief

The US Securities and Exchange Commission (SEC) has announced a shift in its stance regarding the regulation of cryptocurrency firms. Acting Chairman Mark Uyeda stated on Monday that he has directed staff to explore ways to abandon the previous plan that would have broadened the definition of alternative trading systems (ATS) to include certain cryptocurrency platforms. This decision marks a significant change from the SEC’s 2022 proposal, which aimed to impose stricter oversight on the crypto sector by requiring some firms to register as ATS.

The 2022 proposal faced significant backlash from the cryptocurrency industry, with concerns that it would lead to increased regulatory burdens and further complicate the operational environment for crypto firms. Critics argued that such a move would subject the sector to an array of rules intended for traditional trading systems, potentially stifling innovation. Uyeda acknowledged these concerns and revealed that the SEC is reconsidering its approach. He emphasized that the plan to extend ATS registration to crypto firms had yet to be finalized, and staff are now exploring alternative ways to proceed.

In his remarks, Uyeda also noted that the original proposal had been part of a broader effort to regulate the Treasury markets. He described it as a mistake to link the regulation of government securities markets with efforts to curb the growth of the crypto market. “In my view, it was a mistake for the Commission to link together regulation of the Treasury markets with a heavy-handed attempt to tamp down the crypto market,” Uyeda said. This comment suggests a shift towards a more nuanced approach to regulating cryptocurrency that is separate from traditional financial markets.

Additionally, Uyeda revealed that he has asked SEC staff to re-engage in discussions with key government agencies, including the Treasury Department and the Federal Reserve, as well as market participants. These conversations will focus on the original regulatory proposals for government securities alternative trading systems, with an aim to refine and update the approach without unnecessarily expanding oversight on the crypto industry. This move reflects the SEC’s desire to strike a balance between protecting investors and fostering a thriving cryptocurrency ecosystem.