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Coinbase Chief Legal Officer Slams SEC’s ‘Flawed’ Plan For Exchange Registration

June 15, 2023
in Crypto Updates
Reading Time: 3 mins read
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Coinbase has taken a defiant stance towards the US Securities and Alternate Fee’s proposed definition change. In a daring transfer, Paul Grewal, the corporate’s chief authorized officer, has accused the regulator of preemptively imposing its authority and basing its proposed guidelines on unsubstantiated assumptions about cryptocurrency jurisdiction. 

This conflict between Coinbase and the SEC highlights the rising rigidity between the cryptocurrency trade and regulatory our bodies, igniting a fervent debate about the way forward for digital property. 

As Coinbase challenges the SEC’s proposed guidelines, it raises necessary questions concerning the stability between innovation and regulation within the evolving world of cryptocurrencies.

Coinbase Challenges SEC’s Proposed Definition Change

In a sequence of tweets, Grewal vehemently criticized the SEC’s proposal, arguing that it was “too flawed on course of and substance to maneuver ahead.” On the coronary heart of the dispute lies the SEC’s intention to increase the appliance of securities legal guidelines, as specified within the Securities Alternate Act of 1934, to decentralized exchanges (DEXs), treating them equally to centralized securities exchanges.

Yesterday we filed a remark letter on the @SECGov proposed rule that seeks to develop the definition of alternate to incorporate DEXs. Tl; dr: this proposal ought to NOT be adopted, and positively not earlier than finishing the edge steps for any rulemaking. 1/11 https://t.co/fBXAYiWb4W

— paulgrewal.eth (@iampaulgrewal) June 14, 2023

Grewal firmly expressed his perception that the SEC’s try and impose the identical registration necessities on DEXs as these utilized to nationwide securities exchanges is essentially “not possible.” He contended that such a requirement contradicts the provisions of the Administrative Process Act, which governs the rulemaking means of federal companies. 

Coinbase CLO Paul Grewal. Picture: Blockchain Information

Moreover, Grewal argued that the SEC can not evade its obligation to conduct financial evaluation just by asserting the dearth of obtainable financial information, particularly when related information already exists.

Paradigm Joins Coinbase In Urging SEC To Rethink Redefinition

Coinbase’s robust opposition to the SEC’s proposed definition change is discovering assist from different outstanding voices inside the cryptocurrency trade. Paradigm, a crypto liquidity community, has additionally expressed its dissatisfaction with the SEC’s transfer and has referred to as for the withdrawal of the proposed redefinition.

In a letter to the SEC, Paradigm argued that decentralized exchanges (DEXs), notably these using automated market maker mechanisms, function with none intermediating entity or particular person between consumers and sellers.

Bitcoin retreats to the $24K area. BTCUSD chart: TradingView.com

As a substitute, these DEXs depend on algorithms to take care of balanced swimming pools of cryptoassets, accessible to potential consumers and sellers. Paradigm emphasised that this key distinction renders the SEC’s proposed software of conventional securities alternate laws to DEXs impractical and inappropriate.

With this in thoughts, Paradigm urged the SEC to withdraw its proposed redefinition of the time period “alternate” and as a substitute embark on a recent consideration of how you can adapt laws within the context of decentralized finance (DeFi). The letter referred to as for a rigorous financial evaluation, real and in depth engagement with the trade, and an in depth examination of the statutory jurisdiction limits confronted by the SEC.

As Coinbase and Paradigm unite of their criticism of the SEC’s proposed rule change, the talk surrounding the regulation of decentralized exchanges and the broader DeFi panorama intensifies.

Featured picture from Matthew Cooley/Adobe Inventory

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