Paul Atkins’ Nomination as SEC Chair Helps to Push Bitcoin Above $100k (for now), But Why…?

Almost immediately after President-Elect Trump posted his announcement of Paul Atkins to replace Gary Gensler as the SEC Chair, the crypto sector, including Bitcoin, rallied, alongside the equity market rally led by the tech sector. Cheers from crypto sector leadership followed. Sure, Chairman Gensler has been no friend of Crypto, begrudgingly approving the trading of Bitcoin-based ETFs and more significantly engaging in rule-making through enforcement. It makes sense then that the expected exit of Chairman Gensler would be applauded, but why Paul Atkins?

SEC Chair nominee Atkins served as an SEC Commissioner with Chairmen Harvey Pitt, Bill Donaldson and Chris Cox, from 2002-2008 and since, has served as the founder and CEO of Patomak Global Partners, consulting for the securities and crypto industries on all manner of topics.

Last February, while in the private sector, SEC Chair nominee Atkins agreed to be interviewed on an outwardly Libertarian podcast. He broadly declared that while the SEC should prosecute illegal activity, like FTX, the agency should also otherwise accommodate innovation to encourage the flow of capital.  He stressed that regulators should be “attuned” to opportunities for innovation and “accommodate…reasonably…things that are out there to advance cost savings and innovation.” Specifically, “[t]he SEC should be there with its ear to the ground to figure out which way things are moving and should accommodate activity that’s not criminal and enable markets to flourish because…if it challenges incumbents…and it helps to bring down costs for investors and for people who are trying to raise capital…that’s the reason why we have financial markets and to have capital find its way…to businesses.”[1] This was hardly the regulation through prosecution which was a hallmark of the administration under Chairman Gensler.

While stressing innovation, SEC Chair nominee Atkins was certainly no fan of  FTX, SBF or their  fraud. But at its core, it was not a problem with crypto: “It happened to happen in the crypto space, but when you peel back the layers it’s the same thing that happened elsewhere, someone without proper controls without proper governance of the corporation uses other peoples’ money to do things without accountability.” Like Madoff decades before, SEC Chair nominee Atkins noted that “[SBF] was not accountable to anyone, there was no board.”  

But innovation aside, there is still the fundamental question of whether crypto qualifies as a security and appropriate for SEC regulation. While the SEC under Chairman Gensler and defense counsel fought vigorously over whether crypto did or did not meet the Howey test,[2] a case decided over 60 years before Satoshi Nakamoto first implemented the blockchain, SEC Chair nominee Atkins presented a different view:  he noted that the Howey case is “quite old, it’s arguable whether or not it’s still current…I could see the Supreme Court reexamining that for its coherence to the current environment and whether or not it needs to be tweaked.” In the meantime, while the regulatory issues are being resolved, SEC Chair nominee Atkins signaled that the cryptocurrency industry needed certainty in regulation akin to the SEC’s current safe harbor rules for securities offerings: “Safe harbors have done a good job in giving certainty to industry and of course in this particular industry [cryptocurrency] we need certainty, of course there’s a dearth of that now.”[3] 

As someone who is committed to promoting innovation and workable regulation, while prosecuting real bad actors, it is no wonder the markets and commentators have applauded the nomination of Paul Atkins so loudly.


[1] See Keep Your Government Hands Off My Crypto | Guest: Paul Atkins | Ep 215 – YouTube

[2] Sec. and Exch. Comm’n v. W.J. Howey Co., 328 U.S. 293 (1946).

[3] See The Capital ’19: Fireside Chat with Paul Atkins, Former Commissioner, U.S. SEC – YouTube

Hong Kong Continues to Promote a Pro-Crypto Stance with a New Enhanced Regulatory Framework

By Mauro Wolfe and Carolina Goncalves

In the game of which jurisdiction will become the crypto global king, Hong Kong is the latest aspiring fintech hub to announce enhancements to its digital asset regulation framework. No doubt this change is designed to give Hong Kong an edge in the global crypto markets.

In July 2024, the Hong Kong Monetary Authority (HKMA) announced its plans to enhance its digital asset regulatory framework by introducing legislation related to stablecoins, a type of cryptocurrency tied to stable assets like fiat currencies, within the following 18 months. The HKMA is carrying out sandbox testing and plans to introduce stablecoins by the end of 2024.

HKMA launched the sandbox in March 2024 as “part of the HKMA’s efforts in facilitating the sustainable and responsible development of stablecoin ecosystem in Hong Kong.” The sandbox participants are required to “propose concrete use cases for the stablecoin to help address pain points in economic activities and create value and new opportunities for [Hong Kong’s] economy and financial services.” The use cases will involve supply chain management, applications in capital markets and digital asset trading, including cross-border trade payments. The sandbox participants will then provide their use case feedback to regulators who will use the data to formulate a “fit-for-purpose and risk-based regulatory regime.” Where the use case involves cross-border payments, the sandbox participants must ensure that both they and their overseas partners strictly comply with the legal and regulatory requirements of the applicable jurisdictions, in addition to ensuring that their stablecoin issuance process complies with the sandbox requirements and Hong Kong laws. The participants will be prohibited from soliciting or handling funds from the public for sandbox activities.

On July 18, 2024, the HKMA announced the first participants in its stablecoin issuer sandbox. They include a company linked to significant Chinese e-commerce retailer Jingdong Coinlink Technology; RD InnoTech Limited, a local fintech firm; and a coalition of Standard Chartered Bank, venture capital firm Animoca Brands and Hong Kong Telecommunications. The sandbox participants will undergo an assessment process as they test their respective stablecoin operational plans within a limited scope and in a risk-controlled environment specified by the HKMA. The HKMA will announce on its website any future participants as it continues to process sandbox applications.

These developments follow a two-month public consultation period that received 108 stakeholder submissions, including from market participants, industry associations and professional organizations. The consensus was that a regulatory regime is necessary for stablecoin issuers to both manage potential monetary and financial stability risks and also ensure transparent and effective oversight.

Hong Kong’s enhanced regulatory framework is aligned with developments in international standards and practices, such as the expectations of the G20’s Financial Stability Board, in the virtual asset ecosystem, including the issuance of stablecoin. The new framework is intended to (1) complement existing regulatory measures for virtual asset trading platforms, (2) make digital asset transactions more secure through regulatory oversight and enforcement, (3) encourage more innovative financial products in Hong Kong, (4) foster innovation and (5) attract global fintech talent.

A central feature of cryptocurrency is the development of borderless commerce. Regardless of which jurisdiction becomes the global crypto king, the cross-border nature of crypto business development is here to stay. Duane Morris will continue to monitor the global legislative landscape as the digital asset continues to mature.

© 2009- Duane Morris LLP. Duane Morris is a registered service mark of Duane Morris LLP.

The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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