House to Vote on Resolution Challenging SEC's Controversial Accounting Bulletin

9 mai 2024 BACK TO NEWS

The U.S. House of Representatives is gearing up for a crucial vote this afternoon on a resolution spearheaded by Representatives Wiley Nickel (D-NC) and Mike Flood (R-NE). The resolution aims to formally disapprove of the United States Securities and Exchange Commission's (SEC) Staff Accounting Bulletin (SAB) 121, a contentious regulatory measure introduced in April 2022.

If passed, the resolution would exert pressure on the SEC to reconsider SAB 121, which mandates banks to disclose liabilities and associated digital assets on their balance sheets. The bulletin, touted by the SEC as a safeguard for crypto assets, has sparked significant debate and criticism within Congress and the financial sector.

Representative Flood denounced SAB 121 during recent congressional testimony, highlighting concerns over the SEC's lack of transparency and collaboration in issuing the bulletin. Flood argued that the SEC's failure to engage with stakeholders and regulatory bodies undermines the credibility and legitimacy of SAB 121, which he views as an inappropriate mechanism for imposing accounting guidance on digital asset custodians.

The resolution's proponents contend that SAB 121 imposes undue burdens on banking institutions seeking to participate in the digital asset space, hindering their ability to serve as custodians for crypto products. This sentiment is echoed by industry leaders like Kenneth E. Bentson Jr., president and CEO of the Securities Industry and Financial Markets Association, who criticized the bulletin's adverse impact on bank capital and liquidity ratios.

Criticism of the SEC's regulatory stance on cryptocurrencies extends beyond SAB 121, with Chairman Gary Gensler's leadership coming under fire for what some perceive as an overly aggressive approach. Gensler's tenure has seen the SEC initiate legal actions against numerous digital asset firms, raising concerns about regulatory overreach and stifling innovation in the crypto industry.

In parallel to Representative Flood's resolution, Senator Cynthia Lummis is leading a joint senate resolution aimed at challenging the SEC's regulatory actions. However, the outcome of these legislative efforts remains uncertain, with both resolutions awaiting their respective votes.

As Congress prepares to weigh in on the SEC's regulatory policies, the outcome of today's vote could have far-reaching implications for the future of digital asset regulation in the United States. The resolution's passage would signal congressional scrutiny of the SEC's approach to cryptocurrencies and potentially pave the way for revisions to SAB 121 and other contentious regulatory measures.