The US Securities and Exchange Commission (SEC) has denied Coinbase Global's petition for the establishment of new rules governing the digital asset industry. Coinbase, a major crypto exchange, had sought tailored regulations for the crypto sector, arguing that current U.S. securities laws were inadequate.

However, the SEC's Chair, Gary Gensler, in a letter to Coinbase's Chief Legal Officer, expressed disagreement with the assertion that existing securities regulations are unworkable for the crypto sector.

SEC Chair Gensler Affirms Existing Laws Apply to Crypto Securities

In a statement on the SEC's website, Gensler emphasized that current laws already apply to crypto securities markets, citing the flexibility of the Supreme Court's Howey test, which has been successfully applied to crypto assets by federal courts. He rejected claims that identifying an "issuer" of crypto asset securities is unfeasible, underscoring the importance of disclosure and protection for investors.

Gensler highlighted the Commission's ongoing rulemaking initiatives to address crypto securities markets. Despite Coinbase's assertion that now is the right time for regulatory action, he pointed to existing efforts, such as the Special Purpose Broker-Dealers Release, providing a five-year period for broker-dealers in crypto asset securities. He also noted proposed rules and enforcement actions related to crypto assets, stressing the need for flexibility in response to evolving markets.

US SEC denies Coinbase petition for crypto rulemaking https://t.co/7fhLQvLuEJ pic.twitter.com/S46RF03Qyi

— Reuters (@Reuters) December 15, 2023

Registration and Compliance Crucial for Market Integrity

Maintaining Commission discretion was emphasized as crucial for deploying resources effectively and prioritizing regulatory agendas. The Chair of the SEC highlighted that the crypto market, while susceptible to fraud and noncompliance, constitutes a small portion of the broader $110 trillion capital markets.

Commission discretion allows for a focused approach to areas needing updated regulation. Gensler concluded by stating that despite challenges, meaningful engagement, registration, and compliance are essential for investor protection and market integrity. The SEC's decision to deny the petition aligns with the view that existing securities regulations appropriately govern crypto-asset securities, ensuring full disclosure and a level playing field for industry participants.