Regulation
End of Chevron Deference is a ‘Power Shift’ for Investors
What do fishing, air pollution and Bitcoin What do they have in common? Perhaps one thing: Until recently, they were all governed by a powerful legal doctrine known as Chevron deference.
But in late June, a fishing case, Loper Bright Enterprises v. Raimondo, ended the deference to Chevron. Experts say the decision could lead to substantial changes in financial rules, including when it comes to cryptocurrencies. Here’s what investors need to know.
How deferential was Chevron?
The term “Chevron deference” comes from a 1984 Supreme Court case, Chevron USA Inc. v. Natural Resources Defense Council Inc. That case concerned whether the Environmental Protection Agency (EPA) was authorized to change regulations on plant emissions that arose from a broadly worded air pollution law.
The court upheld the amended regulations, creating a “Chevron Doctrine“under which judges were required to defer to the expertise of federal agencies such as the EPA when those agencies issued, amended, or enforced regulations based on ambiguous laws.
Jeff Sovern, a professor of consumer law at the University of Maryland Carey School of Law, sums up Chevron’s deference this way:
“Congress writes laws and they can’t foresee everything. Nobody can. So they leave gaps, that’s human nature. Somebody has to fill them. And under Chevron, if there were gaps, it was largely the responsibility of the administrative agencies,” Sovern says.
Over the past 40 years, Chevron deference has been used in more than 19,000 cases in federal courts, and Congress has passed broadly worded laws in the hope that Chevron deference would allow agencies to interpret them into specific regulations.
But on June 28, the Supreme Court ruled against federal regulation of fishing boats in Loper Bright Enterprises v. Raimondo, ending deference to Chevron. Federal agencies no longer have the power to enforce regulations based on their interpretation of ambiguous laws. They can regulate only when their regulatory powers are explicitly defined by law, either by Congress or a federal judge.
Financial regulation could be relaxed
The Chevron deference principle was a bedrock legal principle in many federal regulations, and its disappearance could result in the reversal of various financial rules.
According to Sovern, the impact of the Loper Bright case on financial regulation is not yet known. Some agencies, such as the Consumer Financial Protection Bureau (CFPB), have powers set by Congress to make “appropriate” rules, and those rules could still be upheld in court after the Loper Bright case.
But that might not always be the case. For example, a federal judge in Texas has already referenced Loper Bright in an order that could potentially overturn the Federal Trade Commission’s recent decision prohibition of non-compete agreements [0].
According to Alex Alben, a professor at UCLA Law School and former Washington state privacy chief, cryptocurrency is another area of financial regulation that could see a lot of changes because of Loper Bright.
“In cases like cryptocurrency regulation, where there is very little law, and even very little agency interpretation, in these areas, we have clearly seen a shift of power from agencies to the courts,” Alben says.
Cryptocurrency regulation now in Congress’ hands
Congress has passed laws regarding the taxation of cryptocurrencies and has debated several bills that would explicitly define a regulatory framework for digital assets.
But most cryptocurrency regulation today comes from agencies like the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC), which enforces rules based on their interpretations of their broad jurisdiction over financial markets. Without Chevron’s deference, many of these rules may not survive legal challenges.
Some cryptocurrency experts say that cryptocurrencies can still be regulated after Loper Bright; Congress just needs to pass laws that clearly define those regulations.
“It creates an obligation for Congress to create concrete rules that apply to this industry and to pass new laws for a new technology. So it makes it more of a political problem than a bureaucratic problem,” says Alexander Blume, CEO of Two Prime, a digital asset firm. licensed investment advisor.
Blume says that in the short term, Loper Bright could tip the balance in favor of crypto companies in certain regulatory situations. For example, Uniswap, a developer of decentralized cryptocurrency exchange software, is facing a lawsuit from the SEC, which considers it an unregistered securities exchange and broker-dealer that could violate federal securities laws.
The SEC has indicated it may file a lawsuit against Uniswap, which has been hit with class-action lawsuits from investors who lost money buying fraudulent tokens on its software.
But last week, Uniswap’s legal counsel sent an open letter to the agency questioning its jurisdiction in the matter, in light of Loper Bright and the lack of clear laws that apply securities regulation to cryptocurrency. [0].
For investors, caution could become the new norm
“I see positive and negative aspects in this decision, as far as the financial markets are concerned. I think we will have more innovation and creativity in the financial markets,” says Alben.
Many cryptocurrency investors are anticipating the approval of Ethereum exchange-traded funds (ETFs) as early as this month. Blume says Loper Bright could mean that staking (an interest-type reward system whereby Ethereum (holders earn new Ether coins over time) could be added to crypto ETFs “sooner rather than later,” although the current generation of Ethereum ETF candidates lack staking capabilities due to SEC compliance reasons.
The end of deference to Chevron is “an anti-regulatory decision by the court,” Alben says. Less regulation may give investors more choice in the types of investments they can buy, but it can also make them more vulnerable to losing their money on potentially fraudulent or otherwise unwise investments.
“We’re probably going to have a riskier environment for investors, who will need to educate themselves about the levels of risk they’re taking and do their homework before making any kind of speculative investment,” Alben says.
The author owned Bitcoins at the time of publication.
Regulation
Crypto community gets involved in anti-government protests in Nigeria
Amid the #EndBadGovernanceInNigeria protests in Nigeria, a notable shift is occurring within the country’s cryptocurrency sector. As the general public demands sweeping governance reforms, crypto community leaders are seizing the opportunity to advocate for specific regulatory changes.
Rume Ophi, former secretary of the Blockchain Stakeholders Association of Nigeria (SiBAN), stressed the critical need to integrate crypto-focused demands into the broader agenda of the protests.
Ophi explained the dual benefit of such requirements, noting that proper regulation can spur substantial economic growth by attracting investors and creating job opportunities. Ophi noted, “Including calls for favorable crypto regulations is not just about the crypto community; it’s about leveraging these technologies to foster broader economic prosperity.”
Existing government efforts
In opposition to Ophi’s call for action, Chimezie Chuta, chair of the National Blockchain Policy Steering Committee, presents a different view. He pointed out The Nigerian government continued efforts to nurture the blockchain and cryptocurrency industries.
According to Chuta, the creation of a steering committee was essential to effectively address the needs of the crypto community.
Chuta also highlighted the creation of a subcommittee to harmonize regulations for virtual asset service providers (VASPs). With the aim of streamlining operations and providing clear regulatory direction, the initiative involves cooperation with major organizations including the Securities and Exchange Commission (SEC) and the Central Bank of Nigeria (CBN). “Our efforts should mitigate the need for protest as substantial progress is being made to address the needs of the crypto industry,” Chuta said.
A united call for support
The ongoing dialogue between the crypto community and government agencies reflects a complex landscape of negotiations and demands for progress.
While actors like Ophi are calling for more direct action and the inclusion of crypto demands in protest agendas, government figures like Chuta are advocating for recognition of the steps already taken.
As protests continue, the crypto community’s push for regulatory reform highlights a crucial aspect of Nigeria’s broader fight to improve governance and economic policies. Both sides agree that favorable regulations are critical to the successful adoption and implementation of blockchain technologies, signaling a potentially transformative era for Nigeria’s economic framework.
Read also : OKX Exchange Exits Nigerian Market Amid Regulatory Crackdown
Regulation
Cryptocurrency Regulations in Slovenia 2024
Slovenia, a small but highly developed European country with a population of 2.1 million, boasts a rich industrial history that has contributed greatly to its strong economy. As the most economically developed Slavic nation, Slovenia has grown steadily since adopting the euro in 2007. Its openness to innovation has been a key factor in its success in the industrial sector, making it a prime destination for cryptocurrency enthusiasts. Many believe that Slovenia is poised to become a powerful fintech hub in Europe. But does its current regulatory framework for cryptocurrencies support such aspirations?
Let’s explore Slovenia’s cryptocurrency regulations and see if they can propel the country to the forefront of the cryptocurrency landscape. My expectations are positive. What are yours? Before we answer, let’s dig a little deeper.
1. Cryptocurrency regulation in Slovenia: an overview
Slovenia is renowned for its innovation-friendly stance, providing a supportive environment for emerging technologies such as blockchain and cryptocurrencies. Under the Payment Services and Systems Act, cryptocurrencies are classified as virtual assets rather than financial or monetary instruments.
The regulation of the cryptocurrency sector in Slovenia is decentralized. Different authorities manage different aspects of the ecosystem. For example, the Bank of Slovenia and the Securities Market Agency oversee cryptocurrency transactions to ensure compliance with financial laws, including anti-money laundering (AML) and terrorist financing regulations. The Slovenian Act on the Prevention of Money Laundering and Terrorist Financing (ZPPDFT-2) incorporates the EU’s 5th Anti-Money Laundering Directive (5MLD) and aligns with the latest FATF recommendations. All virtual currency service providers must register with the Office of the Republic of Slovenia.
2. Cryptocurrency regulation in Slovenia: what’s new?
Several notable developments have taken place this year in the cryptocurrency sector in Slovenia:
July 25, 2024:Slovenia has issued a €30 million on-chain digital sovereign bond, the first of its kind in the EU, with a yield of 3.65%, maturing on 25 November 2024.
May 14, 2024:NiceHash has announced the first Slovenian Bitcoin-focused conference, NiceHashX, scheduled for November 8-9 in Maribor.
3. Explanation of the tax framework for cryptocurrencies in Slovenia
The Slovenian cryptocurrency tax framework provides clear guidelines for individuals and businesses. According to the Slovenian Financial Administration, the tax treatment depends on the status of the trader and the nature of the transaction.
- People:Income earned from cryptocurrencies through employment or ongoing business activities is subject to personal income tax. However, capital gains from transactions or market fluctuations are exempt from tax.
- Companies:Capital gains from cryptocurrency-related activities are subject to a 19% corporate tax. Value-added tax (VAT) generally applies at a rate of 22%, although cryptocurrency transactions that are considered as means of payment are exempt from VAT. Companies are not allowed to limit payment methods to cryptocurrencies alone. Tokens issued during ICOs must follow standard accounting rules and corporate tax law.
4. Cryptocurrency Mining in Slovenia: What You Need to Know
Cryptocurrency mining is not restricted in Slovenia, but income from mining is considered business income and is therefore taxable. This includes rewards from validating transactions and any additional income from mining operations. Both individuals and legal entities must comply with Slovenian tax regulations.
5. Timeline of the development of cryptocurrency regulation in Slovenia
Here is a timeline highlighting the evolution of cryptocurrency regulations in Slovenia:
- 2013:The Slovenian Financial Administration has issued guidelines stating that income from cryptocurrency transactions should be taxed.
- 2017:The Slovenian Financial Administration has provided more detailed guidelines on cryptocurrency taxation, depending on factors such as the status of the trader and the type of transaction.
- 2023:The EU adopted the Markets in Crypto-Assets (MiCA) Regulation, establishing a uniform regulatory framework for crypto-assets, their issuers and service providers across the EU.
Endnote
Slovenia’s approach to the cryptocurrency sector is commendable, reflecting its optimistic view of the future of cryptocurrencies. The country’s balanced regulatory framework supports cryptocurrency innovation while protecting users’ rights and preventing illegal activities. Recent developments demonstrate Slovenia’s commitment to continually improving its regulatory environment. Slovenia’s cryptocurrency regulatory framework sets a positive example for other nations navigating the evolving cryptocurrency landscape.
Read also : Hong Kong Cryptocurrency Regulations 2024
Regulation
A Blank Sheet for Cryptocurrencies: Kamala Harris’ Regulatory Opportunity
photo by Shubham Dhage on Unsplash
As the cryptocurrency landscape continues to evolve, the need for clear regulation has never been more pressing.
With Vice President Kamala Harris now leading the charge on digital asset regulation in the United States, this represents a unique opportunity to start fresh. This fresh start can foster innovation and protect consumers. It can also pave the way for widespread adoption across industries, including real estate agencies, healthcare providers, and online gaming platforms like these. online casinos ukAccording to experts at SafestCasinoSites, these platforms come with benefits such as bonus offers, a wide selection of games, and various payment methods. Ultimately, all this increase in adoption could propel the cryptocurrency market forward.
With this in mind, let’s look at the current state of cryptocurrency regulation in the United States, a complex and confusing landscape. Multiple agencies, including the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), and the Financial Crimes Enforcement Network (FinCEN), have overlapping jurisdictions, creating a fragmented regulatory environment. This lack of clarity has stifled innovation as companies are reluctant to invest in the United States, fearing regulatory repercussions. A coherent and clear regulatory framework is urgently needed to realize the full potential of cryptocurrencies in the United States.
While the US struggles to find its footing, other countries, such as Singapore and the UK, are actively looking into the cryptocurrency sector by adopting clear and supportive regulatory frameworks. This has led to a brain drain, with companies choosing to locate in more conducive environments.
Vice President Kamala Harris has a unique opportunity to change that narrative and start over. Regulation of cryptocurrencies. By taking a comprehensive and inclusive approach, it can help create a framework that balances consumer protection with innovation and growth. The time has come for clear and effective regulation of cryptocurrencies in the United States.
Effective regulation of digital assets is essential to foster a safe and innovative environment. The key principles guiding this regulation are clarity, innovation, global cooperation, consumer protection, and flexibility. Clear definitions and guidelines eliminate ambiguity while encouraging experimentation and development to ensure progress. Collaboration with international partners establishes consistent standards, preventing regulatory arbitrage. Strong safeguards protect consumers from fraud and market abuse, and adaptability allows for evolution in response to emerging trends and technologies, striking a balance between innovation and protection.
The benefits of effective cryptocurrency regulation are multiple and far-reaching. By establishing clear guidelines, governments can attract investors and mainstream users, driving growth and adoption. This can, in turn, position countries like the United States as global leaders in fintech and innovation. Strong safeguards will also increase consumer confidence in digital assets and related products, increasing economic activity.
A thriving crypto industry can contribute significantly to GDP and job creation, which has a positive impact on the overall economy. Furthermore, effective regulation has paved the way for the growth of many businesses such as tech startups, online casinos, and pharmaceutical companies, demonstrating that clear guidelines can open up new opportunities without stifling innovation. This is a great example of how regulation can allay fears of regressive policies, even if Kamala Harris does not repeal the current progressive approach. By adopting effective regulation, governments can create fertile ground for the crypto industry to thrive, thereby promoting progress and prosperity.
Regulation
South Korea Imposes New ‘Monitoring’ Fees on Cryptocurrency Exchanges
Big news! The latest regulatory changes in South Korea are expected to impact major cryptocurrency exchanges like Upbit and Bithumb. Under the updated regulations, these platforms will now have to pay monitoring fees, which could cause problems for some exchanges.
Overview of new fees
In the latest move to regulate cryptocurrencies, the Financial Services Commission announced on July 1 the revised “Enforcement Order of the Act on the Establishment of the Financial Services Commission, etc.” update “Regulations on the collection of contributions from financial institutions, etc.” According to local legislation newsThe regulations require virtual asset operators to pay supervisory fees for inspections conducted by the Financial Supervisory Service starting next year. The total fees for the four major exchanges are estimated at around 300 million won, or about $220,000.
Apportionment of costs
Upbit, which holds a dominant market share, is expected to bear more than 90% of the total fee, or about 272 million won ($199,592) based on its operating revenue. Bithumb will pay about 21.14 million won ($155,157), while Coinone and GOPAX will contribute about 6.03 million won ($4,422) and 830,000 won ($608), respectively. Korbit is excluded from this fee due to its lower operating revenue.
Impact on the industry
The supervision fee will function similarly to a quasi-tax for financial institutions subject to inspections by the Financial Supervisory Service. The new law requires any company with a turnover of 3 billion won or more to pay the fee.
In the past, fees for electronic financial companies and P2P investment firms were phased in over three years. However, the taxation of virtual asset operators has been accelerated, reflecting the rapid growth of the cryptocurrency market and increasing regulatory scrutiny.
Industry reactions
The rapid introduction of the fee was unexpected by some industry players, who had expected a delay. Financial Supervisory Service officials justified the decision by citing the creation of the body concerned and the costs already incurred.
While larger exchanges like Upbit and Bithumb can afford the cost, smaller exchanges like Coinone and GOPAX, which are currently operating at a loss, could face an additional financial burden. This is part of a broader trend of declining trading volumes for South Korean exchanges, which have seen a 30% drop since the new law went into effect.
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