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SEC Leadership Void Fuels Crypto Rulemaking

Regulatory Changes Amidst Leadership Gaps at SEC and CFTC

  • US lawmakers did not pass a comprehensive digital asset market structure bill, prompting regulators to act.
  • The SEC currently has two commissioners, Paul Atkins and Mark Uyeda, following the departure of Hester Peirce.
  • Michael Selig is the only Senate-confirmed chair of the CFTC since December, with both agencies intended to have five commissioners.
  • The SEC amended quorum requirements on Oct. 2, allowing one commissioner to pass rules if only two are present.
  • Both agencies have proposed new regulations to fill the legislative gap left by Congress regarding cryptocurrency oversight.

The lack of leadership at the SEC and CFTC has resulted in significant regulatory changes for the $3 trillion crypto market, with decisions now largely resting on just three individuals. The recent rule changes could expedite crypto regulation as both agencies seek to establish frameworks without Congressional input.

With only two commissioners at the SEC, it is now possible for a single individual to enact rules affecting vast securities markets, highlighting concerns over governance in this critical area of finance.

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