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US House Set to Vote on Eliminating SEC Crypto Policy as President Biden Vows Veto

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US House Set to Vote on Eliminating SEC Crypto Policy as President Biden Vows Veto

The U.S. House of Representatives voted in favor on Wednesday a resolution rejecting Securities and Exchange Commission (SEC) cryptocurrency accounting guidelines that the industry says have dissuaded banks from handling crypto clients, but President Joe Biden is already promising he will veto it if it hits his desk.

SEC Staff Accounting Bulletin No. 121, also known as SAB 121, has been the focus of criticism from digital asset companies and Republican lawmakers since its arrival. The bulletin was intended to clarify the accounting treatment of cryptocurrencies, ordering a bank that holds customer digital tokens to do so on its balance sheet, potentially incurring large capital expenditures. But the policy guidelines in a government review have since been found to have been mishandled, although the agency and chairman Gary Gensler have defended them.

“Gary Gensler, in his jihad against digital assets, has used what should be a banal staff accounting guide to essentially prevent large, publicly traded banks from taking custody of digital assets,” said Congressman Mike Flood ( R-Neb.), the effort’s sponsor, in a Wednesday interview with CoinDesk. And the SEC didn’t consult with banking regulators about it, Flood pointed out, arguing that Gensler has “no business in the banking world.”

The White House believes the policy deserves to be defended with a veto, according to a statement from Biden.

“SAB 121 was issued in response to demonstrated technological, legal, and regulatory risks that have caused substantial losses to consumers,” Biden said he said in a statement Wednesdaystating that he “strongly opposes” stopping the SEC’s work on the matter.

Despite this, the House vote went strongly in favor of the resolution, including support from 21 Democrats who were unmoved by Biden’s threat.

The SEC’s accounting policy “made a mockery of the regulatory process and ignored other regulatory agencies,” said Rep. Patrick McHenry (R-N.C.), chairman of the House Financial Services Committee. a speech in the House last Wednesday, calling SAB 121 “a massive departure from how highly regulated banks are traditionally required to process assets on behalf of their customers.”

But a top House Democrat thought the resolution went too far.

“This bill takes a sledgehammer to solve a problem that might simply require a scalpel, and it does so because my colleagues across the aisle are not only interested in carrying out the orders of special interest groups, they are also interested to attack and undermine the SEC in every way possible,” said Rep. Maxine Waters (D-California), the ranking Democrat on McHenry’s committee.

SAB 121 was originally introduced as staff guidance, but a subsequent Government Accountability Office (GAO) review determined that the agency should administer it as a rule, with full public comment and submission to Congress.

Rep. Flood introduced the resolution to formally disapprove the regulator’s guidance along with two Democrats, and Sen. Cynthia Lummis (R-Wyo.) pushed for a corresponding resolution in the Senate, which would be needed before the joint resolution could make it to the floor. Biden’s desk.

When an agency rule is reversed under the Congressional Review Act, not only is it deleted, but anything similar is blocked from future implementation forever. Waters argued that SAB 121, aside from the controversial custody component, also provides guidance on crypto disclosures that are required and would be threatened if Congress overturns the policy, and Biden echoed the concern about the policies that would be blocked.

“By virtue of relying on the Congressional Review Act, this could also inappropriately limit the SEC’s ability to ensure adequate guardrails and address future issues related to crypto-assets, including financial stability,” Biden said. “Limiting the SEC’s ability to maintain a comprehensive and effective financial regulatory framework for crypto-assets would introduce substantial financial instability and market uncertainty.”

Flood called it “disappointing” that the president would approve the misuse of a bulletin to do federal regulatory work for all purposes. He said he and his allies will “look at every single vehicle between now and the end of the year that goes to the president’s desk and add this language there.”

UPDATE (8 May 2024, 10.11pm UTC): Updates with the vote in the Chamber for the approval of the resolution.



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Blockchain

Bitcoin (BTC) Price Crashes as Donald Trump’s Win Odds Dip

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Stephen  Alpher

Markets received nominally good news on Thursday morning, with the US ISM manufacturing PMI for July falling much more than economists expected, sending interest rates to multi-month lows across the board. Additionally, initial jobless claims in the US jumped to their highest level in about a year. Taken together, the data adds to the sentiment that the US is on the verge of a cycle of monetary easing by the Federal Reserve, which is typically seen as bullish for risk assets, including bitcoin.

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Terra Blockchain Reboots After Reentry Attack Leads to $4M Exploit

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Terra Blockchain Reboots After Reentry Attack Leads to $4M Exploit

Please note that our Privacy Policy, terms of use, cookiesAND do not sell my personal information has been updated.

CoinDesk is a awarded press agency that deals with the cryptocurrency sector. Its journalists respect a rigorous set of editorial policiesIn November 2023, CoinDesk has been acquired from the Bullish group, owner of Bullisha regulated digital asset exchange. Bullish Group is majority owned by Block.one; both companies have interests in a variety of blockchain and digital asset businesses and significant digital asset holdings, including bitcoin. CoinDesk operates as an independent subsidiary with an editorial board to protect journalistic independence. CoinDesk employees, including journalists, are eligible to receive options in the Bullish group as part of their compensation.

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$6.8M Stolen, ASTRO Collapses 60%

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$6.8M Stolen, ASTRO Collapses 60%

In the latest news in the blockchain industry, there has been a turn of events that has severely affected Terra and its users and investors, with the company losing $6.8 million. The attack, which exploited a reentry vulnerability in the network’s IBC hooks, raises questions about the security measures of the once celebrated blockchain protocol.

A web3 security company, Cyvers Alerts reported that the exploit occurred on July 31st and caused the company to lose 60 million ASTRO, 3.5 million USDC500,000 USDTand 2. 7 BitcoinThe flaw was discovered in April and allows cybercriminals to make payments non-stop by withdrawing money from the network.

Earth’s response

Subsequently, to the hack employed on the Terra blockchain, its official X platform declared the Suspension network operations for a few hours to apply the emergency measure. Finally in its sendTerra’s official account agreed, sharing that its operations are back online: the core transactions that make up the platform are now possible again.

However, the overall value of the various assets lost in the event was unclear.

Market Impact: ASTRO Crashes!

The hack had an immediate impact on the price of ASTRO, which dropped nearly 60% to $0.0206 following the network shutdown. This sharp decline highlights the vulnerability of token prices to security breaches and the resulting market volatility.

This incident is not the first time Terra has faced serious challenges. Earlier this year, the blockchain encountered significant problems that called into question its long-term viability. These repeated incidents underscore the need for stronger security measures to protect users’ assets and maintain trust in the network.

The recent Terra hack serves as a stark reminder of the ongoing security challenges in the blockchain space. As the platform works to regain stability, the broader crypto community will be watching closely.

Read also: Record Cryptocurrency Theft: Over $1 Billion Stolen in 2024

This is a major setback for Terra. How do you think this will impact the blockchain industry?



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Luxembourg proposes updates to blockchain laws | Insights and resources

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Luxembourg proposes updates to blockchain laws | Insights and resources

On July 24, 2024, the Ministry of Finance proposed Blockchain Bill IVwhich will provide greater flexibility and legal certainty for issuers using Distributed Ledger Technology (DLT). The bill will update three of Luxembourg’s financial laws, the Law of 6 April 2013 on dematerialised securitiesTHE Law of 5 April 1993 on the financial sector and the Law of 23 December 1998 establishing a financial sector supervisory commissionThis bill includes the additional option of a supervisory agent role and the inclusion of equity securities in dematerialized form.

DLT and Luxembourg

DLT is increasingly used in the financial and fund management sector in Luxembourg, offering numerous benefits and transforming various aspects of the industry.

Here are some examples:

  • Digital Bonds: Luxembourg has seen multiple digital bond issuances via DLT. For example, the European Investment Bank has issued bonds that are registered, transferred and stored via DLT processes. These bonds are governed by Luxembourg law and registered on proprietary DLT platforms.
  • Fund Administration: DLT can streamline fund administration processes, offering new opportunities and efficiencies for intermediaries, and can do the following:
    • Automate capital calls and distributions using smart contracts,
    • Simplify audits and ensure reporting accuracy through transparent and immutable transaction records.
  • Warranty Management: Luxembourg-based DLT platforms allow clients to swap ownership of baskets of securities between different collateral pools at precise times.
  • Tokenization: DLT is used to tokenize various assets, including real estate and luxury goods, by representing them in a tokenized and fractionalized format on the blockchain. This process can improve the liquidity and accessibility of traditionally illiquid assets.
  • Tokenization of investment funds: DLT is being explored for the tokenization of investment funds, which can streamline the supply chain, reduce costs, and enable faster transactions. DLT can automate various elements of the supply chain, reducing the need for reconciliations between entities such as custodians, administrators, and investment managers.
  • Issuance, settlement and payment platforms:Market participants are developing trusted networks using DLT technology to serve as a single source of shared truth among participants in financial instrument investment ecosystems.
  • Legal framework: Luxembourg has adapted its legal framework to accommodate DLT, recognising the validity and enforceability of DLT-based financial instruments. This includes the following:
    • Allow the use of DLT for the issuance of dematerialized securities,
    • Recognize DLT for the circulation of securities,
    • Enabling financial collateral arrangements on DLT financial instruments.
  • Regulatory compliance: DLT can improve transparency in fund share ownership and regulatory compliance, providing fund managers with new opportunities for liquidity management and operational efficiency.
  • Financial inclusion: By leveraging DLT, Luxembourg aims to promote greater financial inclusion and participation, potentially creating a more diverse and resilient financial system.
  • Governance and ethics:The implementation of DLT can promote higher standards of governance and ethics, contributing to a more sustainable and responsible financial sector.

Luxembourg’s approach to DLT in finance and fund management is characterised by a principle of technology neutrality, recognising that innovative processes and technologies can contribute to improving financial services. This is exemplified by its commitment to creating a compatible legal and regulatory framework.

Short story

Luxembourg has already enacted three major blockchain-related laws, often referred to as Blockchain I, II and III.

Blockchain Law I (2019): This law, passed on March 1, 2019, was one of the first in the EU to recognize blockchain as equivalent to traditional transactions. It allowed the use of DLT for account registration, transfer, and materialization of securities.

Blockchain Law II (2021): Enacted on 22 January 2021, this law strengthened the Luxembourg legal framework on dematerialised securities. It recognised the possibility of using secure electronic registration mechanisms to issue such securities and expanded access for all credit institutions and investment firms.

Blockchain Act III (2023): Also known as Bill 8055, this is the most recent law in the blockchain field and was passed on March 14, 2023. This law has integrated the Luxembourg DLT framework in the following way:

  • Update of the Act of 5 August 2005 on provisions relating to financial collateral to enable the use of electronic DLT as collateral on financial instruments registered in securities accounts,
  • Implementation of EU Regulation 2022/858 on a pilot scheme for DLT-based market infrastructures (DLT Pilot Regulation),
  • Redefining the notion of financial instruments in Law of 5 April 1993 on the financial sector and the Law of 30 May 2018 on financial instruments markets to align with the corresponding European regulations, including MiFID.

The Blockchain III Act strengthened the collateral rules for digital assets and aimed to increase legal certainty by allowing securities accounts on DLT to be pledged, while maintaining the efficient system of the 2005 Act on Financial Collateral Arrangements.

With the Blockchain IV bill, Luxembourg will build on the foundations laid by previous Blockchain laws and aims to consolidate Luxembourg’s position as a leading hub for financial innovation in Europe.

Blockchain Bill IV

The key provisions of the Blockchain IV bill include the following:

  • Expanded scope: The bill expands the Luxembourg DLT legal framework to include equity securities in addition to debt securities. This expansion will allow the fund industry and transfer agents to use DLT to manage registers of shares and units, as well as to process fund shares.
  • New role of the control agent: The bill introduces the role of a control agent as an alternative to the central account custodian for the issuance of dematerialised securities via DLT. This control agent can be an EU investment firm or a credit institution chosen by the issuer. This new role does not replace the current central account custodian, but, like all other roles, it must be notified to the Commission de Surveillance du Secteur Financier (CSSF), which is designated as the competent supervisory authority. The notification must be submitted two months after the control agent starts its activities.
  • Responsibilities of the control agent: The control agent will manage the securities issuance account, verify the consistency between the securities issued and those registered on the DLT network, and supervise the chain of custody of the securities at the account holder and investor level.
  • Simplified payment processesThe bill allows issuers to meet payment obligations under securities (such as interest, dividends or repayments) as soon as they have paid the relevant amounts to the paying agent, settlement agent or central account custodian.
  • Simplified issuance and reconciliationThe bill simplifies the process of issuing, holding and reconciling dematerialized securities through DLT, eliminating the need for a central custodian to have a second level of custody and allowing securities to be credited directly to the accounts of investors or their delegates.
  • Smart Contract Integration:The new processes can be executed using smart contracts with the assistance of the control agent, potentially increasing efficiency and reducing intermediation.

These changes are expected to bring several benefits to the Luxembourg financial sector, including:

  • Fund Operations: Greater efficiency and reduced costs by leveraging DLT for the issuance and transfer of fund shares.
  • Financial transactions: Greater transparency and security.
  • Transparency of the regulatory environment: Increased attractiveness and competitiveness of the Luxembourg financial centre through greater legal clarity and flexibility for issuers and investors using DLT.
  • Smart Contracts: Potential for automation of contractual terms, reduction of intermediaries and improvement of transaction traceability through smart contracts.

Blockchain Bill IV is part of Luxembourg’s ongoing strategy to develop a strong digital ecosystem as part of its economy and maintain its status as a leading hub for financial innovation. Luxembourg is positioning itself at the forefront of Europe’s growing digital financial landscape by constantly updating its regulatory framework.

Local regulations, such as Luxembourg law, complement European regulations by providing a more specific legal framework, adapted to local specificities. These local laws, together with European initiatives, aim to improve both the use and the security of projects involving new technologies. They help establish clear standards and promote consumer trust, while promoting innovation and ensuring better protection against potential risks associated with these emerging technologies. Check out our latest posts on these topics and, for more information on this law, blockchain technology and the tokenization mechanism, do not hesitate to contact us.

We are available to discuss any project related to digital finance, cryptocurrencies and disruptive technologies.

This informational piece, which may be considered advertising under the ethics rules of some jurisdictions, is provided with the understanding that it does not constitute the rendering of legal or other professional advice by Goodwin or its attorneys. Past results do not guarantee a similar outcome.

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