‘Just the beginning’: Paul Atkins signals SEC’s new crypto rule changes

Paul Atkins, the chairman of the U.S. Securities and Exchange Commission (SEC), has said the agency will soon issue formally proposed rules for the recent crypto asset classification guidance.  

In the latest interpretive guidance, the SEC designated most crypto assets as non-securities. Additionally, the framework classified digital assets into five categories, including digital commodities, collectibles, tools, stablecoins, and securities. It also explained how they fit into the current U.S. law. 

To codify the framework, Atkins said the agency will formalize it alongside creating a sandbox for experimenting with different crypto products. But he warned the court could still ‘deviate’ from its interpretation. 

This is just an interpretation, and the courts can deviate from that if they don’t like our rationale. 

He added, 

We’ll shortly follow up with a proposed rule to put much more of this framework into effect. And construct a series of exemptions, equivalent of sandbox for people to experiment and develop proof-of-concept for their products.

SEC’s plans and CLARITY Act progress

For Atkins, SEC’s interpretation of crypto laws is ‘just a beginning,’ and the move would be a ‘bridge’ as the Congress works its way through the CLARITY Act. In fact, most of the guidance issued in the past few days and months covers key topics being discussed in the CLARITY Act. For others, the SEC’s proposed rulemaking on key issues would be sufficient for the market, even if the CLARITY Act’s momentum stalls. 

That said, the stablecoin yield issue has been the key deal breaker dragging the crypto bill. 

Even so, after the recent Senate Republican meeting on the bill, Senator Cynthia Lummis was ‘positive,’ terming it ‘productive,’ and added, 

We’re 99% of the way there on stablecoin yield, and negotiations on the digital asset portions of the bill are in a good place.

As expected, market optimism on the bill’s passage improved slightly following the recent meetings and updates. 

In early March, the chance of the CLARITY Act becoming law dropped to nearly 50% as the White House and the banking industry hit a snag over stablecoin yields. 

Whatever the outcome, however, the crypto industry may still be in a better position for clear rules for the road if the SEC continues to issue and codify them. 

Final Summary 

• SEC Chair reiterated plans to formalize rulemaking for its recent interpretive guidance on crypto asset classification and how current U.S. law applies to them. 
• According to Senator Lummis, the stablecoin yield issue was ‘99% resolved’ in CLARITY Act talks.