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Digital Assets and SEC Regulation

Digital Assets and SEC Regulation

          
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About the Book

In recent years, financial innovation in capital markets has fostered a new asset class-digital assets-and introduced new forms of fundraising and trading. Digital assets, which include crypto-assets, cryptocurrencies, or digital tokens, among others, are digital representations of value made possible by cryptography and distributed ledger technology. Regardless of the terms used to describe these assets, depending on their characteristics, some digital assets are subject to securities laws and regulations. Securities regulation generally applies to all securities, whether they are digital or traditional. The Securities and Exchange Commission (SEC) is the primary regulator overseeing securities offerings, sales, and investment activities. The SEC's mission is to protect investors; maintain fair, orderly, and efficient markets; and facilitate capital formation. The existing securities regulatory regime generally aligns with this mission, and the SEC's digital asset regulation generally follows the same regime. The SEC has used existing authorities to evaluate new product approval, provide individual regulatory relief, and solicit public input for policy solutions more tailored to digital assets. Digital assets have a growing presence in the financial services industry. Their increasing use in capital markets raises policy questions regarding whether changes to existing laws and regulations are warranted and, if so, when such changes should happen, what form they should take, and which agencies should take the lead. The current innovative environment is not the regulatory regime's first encounter with changing technology since its inception in the 1930s. Some technological advancements led to regulatory changes, whereas others were dealt with through the existing regime. The general consensus is that regulatory oversight should be balanced with the need to foster financial innovation, but securities regulation's basic objectives should apply. In addition, some believe that certain digital asset activities that may appear similar to traditional activities nonetheless require adjusted regulatory approaches to account for particular operating models that may amplify risks differently. In general, policymakers contending with major financial innovations have historically focused on addressing risk concerns while tailoring a regulatory framework that was flexible enough to accommodate evolving technology. Current developments that raise policy issues include the following: Initial coin offerings (ICOs);Digital asset "exchanges";Digital asset custody;Digital asset exchange-traded funds (ETFs);Stablecoins in securities markets.


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Product Details
  • ISBN-13: 9798607992354
  • Publisher: Independently Published
  • Publisher Imprint: Independently Published
  • Height: 280 mm
  • No of Pages: 24
  • Spine Width: 1 mm
  • Width: 216 mm
  • ISBN-10: 860799235X
  • Publisher Date: 02 Feb 2020
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 82 gr


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