Key Points:
- The SEC has been ordered by the U.S. court to provide further explanation on its stance regarding a petition for rulemaking submitted by Coinbase.
- Coinbase filed the petition in July 2022, asking the SEC to propose rules to govern the regulation of securities.
- The SEC has been accused by Coinbase, for failing to provide clear guidance on digital assets.
In a recent development, The Securities and Exchange Commission (SEC) is under pressure from the U.S. Court of Appeals for the Third Circuit to provide clarification on a rulemaking petition submitted by Coinbase. The SEC has been given a deadline of seven days to address the matter.
The petition, filed in July 2022, urged the SEC to put some work on the rulemaking that could bring clarity to the classification of crypto assets as securities. Coinbase, a cryptocurrency exchange, has also requested the SEC to propose and adopt rules that govern the regulation of securities traded via digitally native methods. In support of its petition, Coinbase submitted 50 questions for the agency to consider while formulating rules.
Regarding the SEC complaint against us today, we’re proud to represent the industry in court to finally get some clarity around crypto rules.
Remember:
1. The SEC reviewed our business and allowed us to become a public company in 2021.
2. There is no path to “come in and…— Brian Armstrong 🛡️ (@brian_armstrong) June 6, 2023
Coinbase Pushes SEC
In April of 2023, Coinbase found itself in a frustrating position. Despite having filed a petition for formal rulemaking in the digital assets sector with the SEC, the exchange had yet to receive any response. Growing weary of the regulator’s inaction, Coinbase took matters into its own hands and filed an Administrative Procedure Act challenge in hopes of forcing the SEC to finally respond.
Unfortunately, the SEC remained silent even after the challenge was filed, prompting Coinbase to accuse the regulator of dragging its feet on the matter. Finally, the court stepped in and ordered the SEC to provide an explanation within a week. The SEC was given three options: decline Coinbase’s request, provide a timeline for when a decision will be made, or explain the reasoning behind their lack of response.
Today, we filed a narrow action in the U.S. Circuit Court to compel the SEC to respond “yes or no” to a rulemaking petition we filed with them last July asking them to provide regulatory guidance for the crypto industry. 1/4 https://t.co/rlsS1DIFfl
— paulgrewal.eth (@iampaulgrewal) April 25, 2023
Accusations on SEC
The digital asset industry is currently shrouded in uncertainty, and the Securities and Exchange Commission (SEC) is being called out for its lack of clear guidance on which assets are considered securities. Coinbase, a major player in the industry, has accused the SEC of depriving investors of crucial protections. These include regulations that deter fraud and manipulation, adequate disclosure, measures to prevent conflicts of interest, and routine oversight by the SEC.
In a recent filing, Coinbase made the argument that its case is unique from others. The company has taken a stand against the SEC, claiming that the agency’s failure to provide clear guidelines has put the industry in a state of limbo.
In light of these accusations, Coinbase stated that,“But the SEC has not cited, and Coinbase has not found, a single case in which a court has approved even a months-long delay when an agency was actively pursuing enforcement on the same topics of the rulemaking petition — let alone when the agency was threatening suit against the rulemaking petitioner itself.”
Coinbase’s accusations have sparked a debate about the role of the SEC in regulating the digital asset industry and the need for clear guidelines to protect investors.
The Long SEC Vs Coinbase Tussle
The recent court ruling has put Coinbase in the spotlight as the Securities and Exchange Commission (SEC) had already sued the exchange over alleged securities violations. The regulator claims that Coinbase failed to register its Lend product as a security and misled investors about its risks and returns. Coinbase has strongly denied these allegations and criticized the SEC for not providing clear guidance on which digital assets should be considered securities.
Coinbase’s Chief Legal Officer, Paul Grewal, has emphasized the importance of having clear regulations in place before enforcing them. He argues that the SEC’s lawsuit against Coinbase highlights the urgent need for clear rules governing the digital assets sector. Grewal has also stated that Coinbase will continue to advocate for clear rules that safeguard investors and encourage innovation in the industry.
End Note
Coinbase’s quest for clarity on the classification of digital assets as securities has taken a significant step forward with the latest court ruling. The industry is eagerly awaiting the SEC’s response to this ruling, as it could finally bring some much-needed clarity to a long-standing issue that has left market participants uncertain.
As the legal battle between Coinbase and the SEC continues, it remains to be seen how the outcome will impact the future of digital assets and their regulation. However, one thing is clear: the need for clear and comprehensive regulations in the digital assets space is more pressing than ever.
