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CFTC Chairman Says At Least 70% of Cryptocurrencies Are Not Securities

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CFTC Chairman Says At Least 70% of Cryptocurrencies Are Not Securities

Behnam urged Congress to grant the agency greater authority over digital assets.

The Commodity Futures Trading Commission (CFTC) intends to expand its jurisdiction over digital assets.

Testifying before the U.S. Senate on Wednesday, CFTC Chairman Rostin Behnam, supported that Bitcoin, Ethereum and other cryptocurrencies should be considered commodities, not securities.

According to Eleanor Terrett, a Fox Business reporter, Benham valued that between 70% and 80% of cryptocurrencies are made up of “non-securities” assets.

Behnam noted that earlier this month, a federal court recently ruled in favor of the CFTC to file charges against a $120 million Ponzi scheme. Significantly, the judge ruled that BTC, ETH, and two obscure altcoins, Olympus (OHM) and KlimaDAO (KLIMA), comprise digital commodity assets.

“Cryptocurrencies share a ‘fundamental characteristic’ with ‘other commodities whose derivatives are regulated by the CFTC,’” Judge Rowland said. “These factual similarities … allow the CFTC to expand its jurisdiction from commodity ‘futures’ contracts to ‘spot commodity fraud.’”

Benham also said that regulators’ priority when it comes to digital assets should be regulating centralized exchanges, rather than going after DeFi. “I definitely believe there is a regulatory nexus for DeF, but maybe we need to take a unique look at it given its unique nature,” he said. She said.

The CFTC chairman urged Congress to give the agency more authority over the cryptocurrency industry, including oversight of the spot cryptocurrency sector.

“In fiscal 2023, actions involving allegations related to digital assets made up nearly half of our enforcement portfolio,” Benham said. “Of the 47 enforcement actions involving digital asset commodities, 35 alleged misconduct in the spot market.”

Because matter

The classification of cryptocurrencies as securities or commodities has significant implications for the regulation of the digital assets sector.

Securities are investment contracts, including stocks, bonds, and derivatives. They represent an ownership position in a publicly traded company (stocks), a credit relationship with a government agency or corporation (bonds), or property rights represented by an option.

The Securities and Exchange Commission (SEC) oversees securities regulation in the United States. The Howey test, based on a landmark case from 1946, is used to determine whether a transaction qualifies as an investment contract (and therefore a security). If an investor expects to make a profit primarily from the efforts of others, the asset is considered a security.

Commodities, on the other hand, include raw materials and primary agricultural products that can be bought and sold, such as gold, wheat, or oil. The CFTC regulates the trading of commodities. Commodities are usually interchangeable with other goods of the same type, making them “fungible.”

If a cryptocurrency is considered a security, issuers and exchanges must comply with strict SEC regulations. This includes registering the asset and adhering to extensive disclosure requirements to protect investors.

However, if a cryptocurrency is classified as a commodity, it falls under the purview of the CFTC. This generally means less stringent regulations than securities. While the CFTC currently has limited authority over spot trading, it does crack down on fraud and manipulation in the broader commodity markets.

SEC vs. CFTC

Tensions have recently emerged between the CFTC and the SEC regarding cryptocurrency regulation, despite the two regulators appearing to be of the same mind.

In January 2018, the CFTC and the SEC released a joint statement on combating fraud in digital currency markets. The move came a month after the launch of regulated Bitcoin futures products under the CFTC’s regulatory purview.

In June 2018, William Hinman, head of the SEC’s Corporate Finance Division, declared that both Bitcoin and Ethereum were decentralized enough to be considered commodities.

In February 2020, CFTC Chairman Heath Tarbert stated that both Bitcoin and Ether are commodities. “We’ve been very clear on Bitcoin: Bitcoin is a commodity under the Commodity Exchange Act, Tarbert She said. “We haven’t said anything about Ether, so far. My view as Chairman of the CFTC is that Ether is a commodity.”

In February 2021, regulated ETH futures were launched on the Chicago Mercantile Exchange under the supervision of the CFTC.

Regulation by enforcement

When Gensler took over the SEC in 2021, the agency began taking a more aggressive approach to the cryptocurrency industry. While Chairman reaffirmed that Bitcoin is considered a commodity in 2022, the SEC has launched an increasingly stringent regulatory campaign through enforcement actions targeting other web3 assets after Gensler’s appointment.

In February 2023, the SECreached up a $30 million settlement with Kraken for its cryptocurrency staking program. This move underscored the SEC’s determination to enforce securities laws on staking services. In March 2023, the SEC released a Wells warning to Coinbase. In June 2023, the SEC filed a lawsuit against Binance.

In 2023, Ethereum has also become a bone of contention for two regulators: the CFTC regulates futures products as commodities, while the SEC seems increasingly determined to classify ETH as a security.

In April 2024, Consensys, a US-based blockchain software company, sued the SECin an attempt to obtain a court ruling that ETH is a commodity. The legal proceedings revealed that the SEC had initiated a secret investigation whether Ethereum is a stock in March 2023. In the same month, Gensler said that all Proof of Stake assets look like stocks.

Amid the SEC’s growing hostility toward ETH, Benham attempted to reaffirm the CFTC’s position that Ethereum is a commodity during a Senate Agriculture Committee hearing in March 2023.

In March 2024, Benham warned that the SEC’s apparent stance that Ether is a security risked placing CFTC-regulated exchanges that list Ether as futures contracts in “non-compliance with SEC rules,” despite also adhering to CFTC guidelines.

In a context of growing backlash, the SEC green light Find Ethereum Exchange Traded Funds (ETFs) in May 2024, reporting that ETH includes a commodity and not a title. The following month, Consensys said the SEC had specifications and abandoned its investigation into Ethereum.

Court rules against SEC

The SEC’s regulatory campaign against cryptocurrencies has also recently received several blows from US courts.

In July 2023, Judge Analisa Torres governed that XRP is not inherently a securities investment contract while presiding over the SEC’s case against Ripple. The judge crucially determined that cryptocurrencies are not inherently securities assets, even when distributed primarily through a securities offering, meaning that cryptocurrencies traded on secondary markets are not securities.

On June 28, Judge Amy Berman Jackson of the U.S. District Court for the District of Columbia also dismissed the SEC’s cryptocurrency secondary trading charges against Binance. The SEC dismissed the charges supporting that the secondary sales of Binance’s BNB token and BUSD stablecoin constituted the distribution of unregistered digital asset securities, despite charges relating to the primary BNB initial coin offering being allowed to proceed.

Judge Jackson cited Torres’s ruling in the Ripple case as a starting point for his decision.

“The Court notes that several district courts before which SEC enforcement actions involving cryptocurrencies have been brought have taken pains to differentiate the purported investment contracts from the tokens themselves,” Judge Jackson said. “In the Court’s view, therefore, the SEC’s suggestion that the token is ‘the embodiment of the investment contract’ rather than the subject matter of the investment contract has confused the issues before the Court.”

On July 3, a federal court ruling designating OHM and KLIMA as commodities appears to have paved the way for the CFTC to expand its jurisdiction over the cryptocurrency industry.

Related: SEC Takes Aim at Ethereum Liquid Staking

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Regulation

Cryptocurrency Regulation in Slovenia 2024

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Cryptocurrency Regulation 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 significantly to its robust 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 favorite destination for cryptocurrency enthusiasts. Many believe that Slovenia is poised to become a powerful fintech hub in Europe. But does its current cryptocurrency regulatory framework support such aspirations?

Let’s explore Slovenia’s cryptocurrency regulations and see if they can push the country to the forefront of the cryptocurrency scene. My expectations are positive. What are yours? Before we answer, let’s dig deeper.

1. Cryptocurrency Regulation in Slovenia: An Overview

Slovenia is known for its pro-innovation 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.

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 supervise cryptocurrency transactions to ensure compliance with financial laws, including anti-money laundering (AML) and counter-terrorist financing regulations. The Slovenian Act on the Prevention of Money Laundering and Terrorist Financing (ZPPDFT-2) incorporates the EU’s Fifth 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?

This year, there have been several noteworthy developments in the cryptocurrency sector in Slovenia:

July 25, 2024: Slovenia has issued a €30 million on-chain sovereign digital 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 legal framework for cryptocurrency taxation in Slovenia

Slovenia’s cryptocurrency tax framework provides clear guidelines for both individuals and businesses. According to the Slovenian Tax Administration, tax treatment depends on the status of the trader and the nature of the transaction.

  • Individuals: Income earned from cryptocurrencies through employment or ongoing business activities is subject to personal income tax. However, capital gains from trading or market fluctuations are exempt from taxation.
  • Society: Capital gains from cryptocurrency activities are subject to a corporate income tax of 19%. Value added tax (VAT) generally applies at a rate of 22%, although cryptocurrency transactions considered as means of payment are exempt from VAT. Companies are not allowed to limit payment methods to cryptocurrencies only. Tokens issued during ICOs must comply with standard accounting rules and the Corporate Tax Act.

4. Cryptocurrency Mining in Slovenia: What You Should Know

Cryptocurrency mining is not restricted in Slovenia, but the 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 natural persons and legal entities must comply with Slovenian tax regulations.

5. Timeline of the evolution of cryptocurrency regulations in Slovenia

Here is a timeline highlighting the evolution of cryptocurrency regulations in Slovenia:

  • 2013:The Slovenian Tax Administration has issued guidelines according to which income from cryptocurrency transactions should be taxed.
  • 2017:The Slovenian Tax Administration has provided more detailed guidelines on cryptocurrency taxation, based on factors such as the trader’s status and the type of transaction.
  • 2023The EU has adopted the Markets in Cryptocurrencies Regulation (MiCA), which establishes a uniform regulatory framework for cryptocurrencies, their issuers and service providers across the EU.

Final note

Slovenia’s approach to the cryptocurrency industry is commendable, reflecting its optimistic view of the future of cryptocurrency. The country’s balanced regulatory framework supports cryptocurrency innovation while protecting user rights and preventing illegal activities. Recent developments demonstrate Slovenia’s commitment to continuously improving its regulatory environment. Slovenia’s cryptocurrency regulatory framework sets a positive example for other nations navigating the evolving cryptocurrency landscape.

Read also: Cryptocurrency Regulation in Hong Kong 2024

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A Blank Slate for Cryptocurrencies: Kamala Harris’ Regulatory Opportunity

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A Blank Slate for Cryptocurrencies: Kamala Harris' Regulatory Opportunity

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As the cryptocurrency landscape continues to evolve, the need for clear regulation has never been greater.

Vice President Kamala Harris is now leading the charge on digital asset regulation in the United States, presenting a unique opportunity for a clean slate. 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 gambling platforms like these online casinos in the uk. According to experts at SafestCasinoSites, these platforms have advantages such as bonus offers, a wide selection of games, and various payment methods. Ultimately, all this increased adoption could push the cryptocurrency market forward.

With that in mind, let’s take a look at the current state of cryptocurrency regulation in the United States, which is 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 hindered innovation, as companies are reluctant to invest in the United States, fearing regulatory repercussions. A cohesive and clear regulatory framework is urgently needed to unlock 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 embracing the cryptocurrency industry with clear and supportive regulatory frameworks. This has led to a brain drain, with companies opting to set up in more hospitable environments.

Vice President Kamala Harris has a unique opportunity to change this narrative and clean up the future. cryptocurrency regulation. 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 fostering a safe and innovative environment. Key principles guiding this regulation include 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 many and far-reaching. By establishing clear guidelines, governments can attract investors and traditional users, spurring growth and adoption. This, in turn, can position countries like the United States as global leaders in financial technology and innovation. Strong protections will also increase consumer confidence in digital assets and related products, boosting economic activity.

A thriving cryptocurrency industry can significantly contribute 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 companies such as tech startups, online casinos, and pharmaceutical companies, proving that clear guidelines can unlock new opportunities without stifling innovation. This is a great example of how regulation can alleviate 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 cryptocurrency industry to thrive, driving progress and prosperity.

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Think You Own Your Crypto? New UK Law Would Ensure It – DL News

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Think You Own Your Crypto? New UK Law Would Ensure It – DL News
  • The UK Law Commission has developed a bill that will address a situation of legal uncertainty.
  • The commission’s goal is to ensure that cryptocurrencies are legally treated as personal property.

UK law is not entirely clear whether cryptocurrencies can be considered personal property.

This is according to the UK Law Commission, which argues that while most investors assume that when they buy cryptocurrencies, they are “acquiring property rights in the same way as buying, say, a watch or a laptop.”

“As the law currently stands, this is not necessarily the case,” the respected legal body said in a new report on Tuesday.

The report was accompanied by a solution: a new bill to consolidate the legal status of digital assets as personal property.

This could be huge for the estimated 4.7 million Britons valued hold cryptocurrencies.

“This will allow the courts to determine a range of issues,” the report says.

If passed, the law would help clarify how cryptocurrencies are treated in cases of bankruptcy, estate planning or theft.

Flexible law

The commission is an independent body responsible for reviewing UK law. It began investigating whether English and Welsh property laws apply to digital assets in 2020.

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At the time, then-Chancellor of the Exchequer Rishi Sunak expressed ambitions to transform the UK into a cryptocurrency hub as Britons invested more.

In 2023, the commission decided that, in most cases, the legislation of England and Wales is sufficiently flexible to regulate cryptocurrencies.

This means that any asset, from Bitcoin to non-fungible tokens and some types of digital contracts, can be considered personal property, without Parliament having to write extensive new laws.

There was one small area of ​​uncertainty, however: it was unclear whether cryptocurrencies fell within the two categories of personal property recognised under UK law.

These two categories are made up of tangible assets (cars, laptops, bags) and intangible assets (contracts, stocks, and debt).

The bill that will now go to Parliament to be converted into law aims to remedy this situation.

Without that clarification, courts may try to lump cryptocurrencies together with intangible assets, said Adam Sanitt, head of litigation, knowledge, innovation and corporate support EMEA at law firm Norton Rose Fulbright. DL News in March.

This is problematic because intangible assets are creations of the legal system, while cryptocurrencies are not.

“How the law treats digital assets, what rights you have over them, how you own them, how you transfer them to other people—that treatment is different, because digital assets don’t exist by virtue of the legal system, but independently of it,” Sanitt said.

The money in your bank account, for example, is a legal creation. The government could pass a law to cancel it.

However, if the UK passed a law banning Bitcoin, Bitcoin would not cease to exist.

Sanitt said: “That’s why digital assets are so important: neither the government nor the legal system can take them away from you.”

Contact the author at joanna@dlnews.com.

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The Solution the Cryptocurrency Industry Needs

Chain Feed Staff

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The Solution the Cryptocurrency Industry Needs

The cryptocurrency industry has performed remarkably well since its inception, but now faces a critical hurdle that requires careful consideration and regulatory expertise to overcome. Despite the industry’s rapid growth and rate of global adoption, the gap between the industry and global regulation is only widening as new innovations break through into the public domain.

Although efforts are being made on both sides, regulators’ lack of familiarity with cryptocurrencies and the industry’s lack of regulatory expertise are hindering innovation in the sector. To address this issue, traditional financial institutions (TradFi) such as MultiBank Group have started venturing into the cryptocurrency sector.

The regulatory gap

Over the past decade, the cryptocurrency industry has grown dramatically as tech entrepreneurs and forward-thinking thinkers have founded a plethora of crypto platforms and protocols to push the boundaries of the space. The problem faced by these newcomers, who are often unfamiliar with the hurdles posed by financial regulators, can quickly overwhelm and stall operations.

On the other hand, regulators more attuned to TradFi systems may be equally stifled by the complexities of decentralization and blockchain technology. The unfamiliarity experienced by both innovators and regulators creates a stark regulatory divide between both sides, leading to misunderstandings and potential conflicts.

To overcome this lack of communication, a bridge must be built to bridge the gap, ensuring future stability for the cryptocurrency industry and clearer legislation from regulators.

Efforts to bridge the gap between industry

The gap between the cryptocurrency industry and regulators is slowly narrowing as efforts to regulate cryptocurrencies and Web3 space activities are gaining momentum. Specific regulatory actions are taking place in many countries, aimed at providing greater oversight of cryptocurrency transactions, cryptocurrency exchanges, and initial coin offerings (ICOs).

Despite being a positive step in the right direction, these new regulations can differ significantly between jurisdictions around the world. This fragmentation results in a regulatory environment filled with obstacles, bottlenecks, and varying requirements and prohibitions. As cryptocurrency companies and TradFi institutions attempt to navigate the minefield, the regulatory maze becomes increasingly convoluted.

TradFi institutions like MultiBank Group are working to solve this problem, as one of the largest financial derivatives institutions in the world with over 12 licenses across all continents. Founded in 2005, the Group has an impeccable and trustworthy reputation globally, extensive expertise in financial regulation and has now ventured into the cryptocurrency space via MultiBank.io.

MultiBank.io: TradFi Excellence in the Crypto Space

Expanding into the cryptocurrency space via MultiBank.io has enabled MultiBank Group to provide regulatory clarity and trust to the digital asset industry. With a substantial daily trading volume of $12.1 billion, the timely decision to enter the cryptocurrency space has the potential to set regulatory precedents and standards for years to come.

By helping to develop sensible and well-considered regulations, MultiBank.io’s established reputation allows the company to communicate effectively and clearly with regulators. Unlike others in the industry without regulatory expertise, MultiBank.io facilitates the Group’s commitment to rigorous regulatory standards, the scope of oversight and establishes the necessary transparency.

The company’s approach ensures that regulatory licenses are pre-acquired, compliance is met globally without jurisdictional barriers, and transactions remain secure at all times. By helping to create robust regulations that are both clear and innovation-friendly, MultiBank Group looks forward to standardizing the entire cryptocurrency industry for other potential innovators.

One of the biggest challenges in establishing a clearly constructed bridge between regulators and the cryptocurrency industry is effective communication. By leveraging its institutional background TradFi and acting as an intermediary with regulators, MultiBank Group is able to translate the needs of the industry to those who shape it.

This quality of mediation is essential to ensure that regulation helps develop essential technological advances rather than hinders their establishment and growth. Through the lens of TradFi when looking at the complexity of the cryptocurrency industry, MultiBank Group is able to deconstruct unfamiliar crypto arguments for regulation and create a safer and more secure space.

Where TradFi and Crypto Meet

Regulations are crucial for traders, investors, and everyday users of crypto platforms and their safety when participating in crypto markets. While strict regulations are necessary for stable market integrity, innovation should still be considered, something MultiBank Group considers a priority.

Where TradFi and cryptocurrencies converge, the Group is there to provide a balanced approach to ensure promotion for both the cryptocurrency industry and regulators seeking to protect both retail and institutional investors. This balance is critical to maintaining a thriving space where cryptocurrency innovation can thrive without compromising the security of user funds or data.

As more TradFi institutions like MultiBank Group enter the cryptocurrency space with ever-expanding expertise in regulatory understanding, the future of the industry is increasingly encouraged. The financial freedoms of the cryptocurrency space coupled with regulatory oversight for financial security will be the guiding lights for the future success of the entire cryptocurrency industry.

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