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    Home » SEC declares certain stablecoins outside its jurisdiction
    Policy 3 months ago

    SEC declares certain stablecoins outside its jurisdiction

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    5-4-2025 – The US Securities and Exchange Commission (SEC) has released a groundbreaking statement delineating specific stablecoins that fall outside its regulatory purview, marking a notable departure from its previously stringent oversight of digital assets.

    The announcement, issued by the SEC’s Division of Corporation Finance, explicitly states that certain stablecoins, particularly those designed purely for commercial transactions and monetary transfers, do not constitute securities offerings. This clarification eliminates the need for registration under the Securities Act for entities involved in the minting and redemption of qualifying stablecoins.

    Circle’s USDC has emerged as a primary beneficiary of this regulatory clarity, with its President Heath Tarbert highlighting the distinction between their fully-backed stablecoin model and other market participants. The pronouncement specifically favours stablecoins maintaining one-to-one backing with high-quality liquid assets, though notably excludes those incorporating precious metals or other cryptocurrencies in their reserves.

    This development coincides with broader legislative momentum in Congress, where both chambers have demonstrated rare bipartisan cooperation. The House Financial Services Committee has advanced comprehensive stablecoin legislation, whilst parallel efforts progress in the Senate, reflecting growing political consensus on digital currency regulation.

    The SEC’s evolving approach to cryptocurrency regulation, initiated under Trump-appointed leadership, has already yielded clarity on memecoins and proof-of-work mining. This latest guidance forms part of a series of statements from the agency’s Crypto Task Force, though it remains advisory rather than binding regulation.

    Amidst these developments, the stablecoin landscape has become increasingly politically charged, with Trump-affiliated World Liberty Financial’s entry into the market and mounting concerns among Democratic lawmakers regarding potential stablecoin initiatives from tech magnates like Elon Musk.

    Commissioner Hester Peirce, spearheading the SEC’s cryptocurrency initiatives, advocates for swift regulatory clarity, suggesting that non-fungible tokens (NFTs) might be next in line for regulatory consideration. However, certain stablecoin issuers, including market leader Tether, may face challenges meeting the SEC’s stringent criteria, particularly regarding redemption terms and reserve composition.

     

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