How does the SEC determine if a token is a security? Why is DeFi particularly hard to regulate? What will regulators do about stablecoins? On Unchained, Greg Xethalis, chief compliance officer at Multicoin Capital, and Collins Belton, founding partner at Brookwood P.C., dive into crypto regulation, discussing securities laws, DeFi regulation, and why the US should be promoting stablecoins rather than trying to shut them down. Highlights:
why the SEC and CFTC have not announced bigger crypto enforcement news at the end of their fiscal yearswhy the SEC is going after DINO (decentralized in name only) companieswhat the Howey and Reves tests areand how the SEC uses themto determine whether an asset is a security or notwhy Collins and Greg think the SEC has recently begun been applying Reves more oftenwhy they think centralized crypto lending products should not be considered securities under the Howey testwhether new legislation needs to be written for cryptocurrency-based productswhat makes Collins think the SEC is being “disingenuous” regarding the SEC registration process for crypto companies, like Coinbasehow regulators will end up handling DeFi and why both Greg and Collins are long-term optimistichow the US government has a “great history” of respecting privacy and encryptionwhy regulatory pressure is likely to build up around centralized crypto exchanges and what we can learn from the EtherDelta casewhy Collins thinks most cryptocurrency companies should be regulated why the SEC is the best motivator for forcing protocols to fully decentralizehow smart contracts could theoretically be used to standardize SEC Commissioner Hester Peirce’s Safe Harbor proposalhow blockchain data makes cryptocurrency companies more transparent and easier to regulate than centralized entitieswhat Collins and Greg think will happen with stablecoin regulation going forwardwhy the US should be pushing to make dollar-pegged stablecoins more prominent
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Episode Links
Greg Xethalis
Twitter: https://twitter.com/xethalis LinkedIn: https://www.linkedin.com/in/xethalis/ Twitter: https://twitter.com/collins_belton LinkedIn: https://www.linkedin.com/in/collins-belton-10226283/SEC charged DeFi Money Market https://www.coindesk.com/markets/2021/08/06/sec-charges-so-called-defi-company-for-allegedly-fraudulent-30m-offering/
SEC charged EtherDelta https://www.coindesk.com/markets/2018/11/08/sec-charges-etherdelta-founder-over-unregistered-securities-exchange/
Howey Test and Reves Test https://securities-law-blog.com/2014/11/25/what-is-a-security-the-howey-test-and-reves-test/ https://skrypto.sewkis.com/howeys-cousin-reves-may-be-another-way-for-the-sec-to-argue-that-tokens-are-securities
https://www.creditslips.org/creditslips/2021/09/coinbase-and-the-sec-.html
DINO https://twitter.com/hesterpeirce/status/1423637816492318722?lang=en
-uniswap-labs-investigation-could-signal-a-new-era-of-enforcement
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