SEC Publishings on Cryptocurrencies

Updated 2 months ago by Eric Nemeth

The following is a list of commentary from the United States Securities and Exchange Commission (SEC) relating to cryptocurrencies and blockchain.

Date (M/D/Y)SEC Posting Titles/LinksDetails
3/28/03Final Rule: Custody of Investment Company Assets with a Securities DepositoryAmendments to the Investment Company Act of 1940
7/9/17Comments on File No. SR-NYSE Arca-2017-06Ari Paul suggests the positive disruptive effects cryptocurrencies would have on capital markets through the creation of cryptocurrency-ETFs on regulated exchanges such as the NYSE.
7/25/17Report of Investigation Pursuant to Section 21(a) of the Securities Exchange Act of 1934: The DAOSEC explicates the importance of complying with securities acts by registering with SEC.
7/25/17SEC Issues Investigative Report Concluding DAO Tokens, a Digital Asset, Were SecuritiesPress release detailing how U.S. securities laws may apply to offers, sales, and trading of interests in virtual organizations
12/11/17Statement on Cryptocurrencies and Initial Coin OfferingsInform investors and market professionals on the securities laws that they must abide to. Details discussions around cryptocurrencies, ICO's and securities regulations
1/4/18Statement on NASAA’s Message to Investors about ICOsExplains that investing in ICO's that are not compliant with regulations are risky and cautions "that, if you lose money, there is a substantial risk that our effrots will not result in a recovery of your investment
1/18/18Staff Letter: Engaging on Fund Innovation and Cryptocurrency-related HoldingsHighlighting 5 thematic questions that need to be discussed to engage fund innovation in cryptoasset holdings.
1/25/18Statement by SEC Chairman Jay Clayton and CFTC Chairman J. Christopher Giancarlo: Regulators are Looking at CryptocurrencyAnnouncing the CFTC and SEC's commitment to "continue to work together to bring transparency and integrity to these markets and, importantly, to deter and prosecute fraud and abuse"
2/6/18Chairman’s Testimony on Virtual Currencies: The Roles of the SEC and CFTCTestimony to Congress on the roles the SEC and CFTC will play on regulating cryptocurrencies.
3/7/18Statement on Potentially Unlawful Online Platforms for Trading Digital AssetsThis public statement details regulatory framework for which exchanges must register with and provides resources for the pursuance of compliancy.
5/2/18Beaches and Bitcoin: Remarks before the Medici ConferenceCommissioner Peirce discusses the roles of "regulatory sandboxes" and "lifeguards" play in monitoring innovation.
5/22/18Statement on NASAA’s Announcement of Enforcement Sweep Targeting Fraudulent ICOs and Crypto-asset Investment ProductsThis statement announces enforcement actions by the SEC and NASAA to regulate and forewarn investors about fraudulant ICO's
6/4/18SEC Names Valerie A. Szczepanik Senior Advisor for Digital Assets and InnovationSEC appoints senior advisor for new position title Digital Assets and Innovation Senior Advisor

Digital Assets Transactions: When Howey Met Gary

Speech by Director of Divison of Corporate Finance clarifies that Ethereum is not a security. Presents questions to possibly define what makes a digital asset a security.
7/26/18Dissent of Commissioner Hester M. Peirce to Release No. 34-83723; File No. SR-BatsBZX-2016-30"I respectfully dissent from the Commission’s order disapproving a proposed rule change, as amended, to list and trade shares of the Winklevoss Bitcoin Trust on Bats BZX Exchange, Inc. (“BZX”)." - Commissioner Hester M. Peirce
8/22/18Release No. 34-83904; File No. SR-NYSEArca-2017-139
Self-Regulatory Organizations; NYSE Arca, Inc.; Order Disapproving a Proposed Rule Change to List and Trade the Shares of the ProShares Bitcoin ETF and the ProShares Short Bitcoin ETF
9/13/18Statement Regarding SEC Staff Views"The Commission’s longstanding position is that all staff statements are nonbinding and create no enforceable legal rights or obligations of the Commission or other parties."

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