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SEC Chair’s SAB 121 Policy Awaits Critical Decision This Week


In a pivotal flip of occasions, the destiny of the Security and Exchange Commission’s Staff Accounting Bill (SAB) 121 hangs within the stability. Currently, the House of Representatives is gearing up for a decisive vote on May 9, 2024. The proposed repeal, led by Representative Mike Flood, is poised to shake the inspiration of digital asset regulation.

The House To Decide On Repeal Of Gary Gensler’s SAB 121

Rep. Flood is fervently advocating for the passage of H.J. Res. 109. In a put up on X, Flood revealed that the House goes to vote on whether or not to cross the repeal of SEC Chair Gary Gensler’s SAB 121 coverage. Furthermore, he declared, “It’s time to pass H.J. Res. 109! #RepealSAB121,” setting the stage for a contentious showdown throughout the House of Representatives.

SAB 121, enacted in April 2022, mandates digital asset custodians to report liabilities and corresponding belongings for all custodied cryptocurrencies on their stability sheets. The measure, spearheaded by SEC Chairman Gary Gensler, goals to mitigate the “significant risks and uncertainties associated with safeguarding crypto assets.”

However, dissenting voices have emerged, led by Committee members Mike Flood and Wiley Nickel. They argue that SAB 121’s implementation circumvented correct protocol. Moreover, Rep. Flood underscored the oversight within the issuance course of.

He acknowledged, “The SEC issued SAB 121 without conferring with the prudential regulators who are the experts on regulating bank custody.” Echoing these sentiments, Senator Cynthia Lummis emphasised the need for adherence to established regulatory procedures, as highlighted in a report by the Government Accountability Office. The report, issued in October 2023, underscored deficiencies within the issuance course of, fueling requires the repeal of SAB 121.

Also Read: Crypto Regulation: CFTC Chair Predicts More Crackdowns In 6-24 Months

House Of Financial Services Passes Resolution

Amidst the fervent debate, proponents of the decision contend that SAB 121 encourages client safety measures. Rep. Maxine Waters, a staunch advocate for regulatory safeguards. He asserted, “Efforts like SAB 121 help prevent fraud.” Citing the collapse of FTX as a cautionary story, Rep. Waters underscored the crucial of safeguarding investor pursuits towards potential mishandling of crypto belongings by custodians.

However, on February 29, the decision, rising victorious in a slender committee vote of 31-20 within the House of Financial Services, garnered help from either side of the aisle. Notable Democratic proponents embody Reps. Wiley Nickel, Ritchie Torres, and Josh Gottheimer, underscoring the bipartisan nature of the contentious challenge.

Nevertheless, the battle for the survival of the SEC’s SAB 121 is way from over. The decision faces the formidable hurdle of securing approval in each the House and the Senate earlier than the coverage will be successfully discarded.

Also Read: Digital Chamber Slams SEC’s ‘Regulation by Intimidation’ Strategy

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