MetaMask Developer ConsenSys Challenges SEC’s Proposed ‘Exchange’ Definition, Citing Blockchain Misunderstandings

Blockchain tech firm ConsenSys, represented by lawyer Invoice Hughes, has formally objected to the Securities and Change Fee’s (SEC) Discover of Proposed Rulemaking (NPRM) in regards to the redefinition of a securities “trade”. Hughes voiced these objections in a collection of tweets immediately.

ConsenSys contends that the amendments proposed by the SEC can be illegal if finalized of their present type, as they’re meant to use to blockchain protocols. They allege that the reopening launch fails to rectify key authorized deficiencies within the proposed amendments, misinterprets the time period “trade” as per the ’34 Act, and inappropriately goals to redefine exchanges with the intention to strengthen the registration of broker-dealers.

Moreover, Hughes careworn that the proposal incorporates main misconceptions about blockchain know-how and the dynamics of the broader ecosystem. Given these substantial shortcomings, ConsenSys has urged the SEC to withdraw the proposed amendments of their entirety.

Citing their prior 2022 remark, ConsenSys asserts that the Fee can not lawfully enact the amendments as they at the moment stand. They argue that any additional SEC motion ought to exclude blockchain-based programs from the rule.

In response to Hughes, these programs do not align with a correct understanding of “trade” underneath the ’34 Act, and thus can’t be regulated underneath it. Furthermore, they state that SEC regulation within the broader blockchain context is inappropriate because of unresolved questions concerning the extent of the SEC’s jurisdiction over blockchain-based programs, and the Fee’s restricted understanding of blockchain know-how and ecosystem dynamics.

The lawyer additionally drew consideration to Congress’s ongoing efforts to ascertain a complete regulatory framework on this space. This framework, he stated, will embrace particular provisions pertaining to the correct position of securities legal guidelines and the SEC. He due to this fact cautioned in opposition to the Fee’s potential to disrupt this massive and rising financial sector with swiftly and poorly thought-out laws based mostly on an unproven assertion of jurisdiction.



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