A group of Republican lawmakers, including the chairmen of the House Financial Services Committee and the House Committee on Agriculture, have formally requested SEC Chairman Gary Gensler to provide clear guidance on the regulatory position regarding the custody of unsecured digital assets by Special Purpose Broker-Dealers (SPBD).
The March 26 letter specifically demands clarity on the status of Ethereum (ETH) and further requests the regulator to establish clear definitions for various terms related to crypto, digital assets, securities and investment contracts.
The letter was signed by 48 members of Congress, including Patrick McHenry, chairman of the House Financial Services Committee, and Glenn Thompson, chairman of the House Committee on Agriculture. Lawmakers requested answers to their questions by April 9.
The status of Ethereum
According to the letter, the SEC has failed to propose a rule or provide comprehensive guidance on asset classification, and the term “digital asset securities” remains undefined.
Lawmakers said that despite a public report from both the SEC and the CFTC identifying ETH as an unsecured digital asset, there are concerns about the lack of transparency in the SEC’s SPBD regime and the potential regulatory implications of allowing of such custodial services.
The letter asks the question:
“Is ETH a security for digital assets?”
The question is followed by several other questions depending on the answer.
The letter comes in the wake of Prometheum Inc.’s announcement. that its subsidiary – Prometheum Ember Capital, a FINRA-approved SPBD – plans to offer Ethereum custody services to institutional clients.
They highlighted the “alarming scenario” arising from Prometheum’s announcement, arguing that it could lead to “irreparable consequences for digital asset markets” if it were to continue under the current regulatory framework, which prohibits the custody of unsecured digital assets are not explicitly permitted by the SPBD. .
Making the problem worse
The letter highlighted the discrepancy between the SEC’s enforcement actions and ETH’s historical recognition as an unsecured digital asset, and criticized the SEC for not providing comprehensive guidance or rules for the digital asset market regarding asset classification .
The lawmakers said this lack of clarity has “exacerbated” uncertainty within the digital asset ecosystem, complicating the ability of regulated entities to comply with SEC regulations.
The letter also highlights the broader implications of the SEC potentially classifying ETH as a digital asset security, including the impact on CFTC-registered commodity derivatives exchanges and the availability of ETH Futures for trading.
Such a decision could have significant consequences for market participants, potentially eliminating access to essential risk management tools and causing significant price disruption in the ETH market.
The letter concludes with a warning of the “chilling effect” on US digital asset markets if regulatory uncertainty continues, highlighting the importance of clear and consistent regulatory guidance to ensure continued growth and innovation within the digital asset space to guarantee.
