The cryptocurrency exchange, Coinbase asked the federal court
on Saturday to compel the Securities and Exchange Commission (SEC ) to respond
to a petition it filed last year. Coinbase petitioned the commission requesting clear rules for identifying which digital assets are classified as
securities.
Explore limitless, instant crypto swaps. Choose from 1000+ coins and tokens and exchange with no registration or sign-up. Experience a platform that prioritizes your data privacy and fund security.
In Saturday’s filing, Coinbase requested ‘mandamus’, which refers to an order issued by a
court to the government agency, in this case, it would compel them to perform a
certain task. Specifically, the exchange is asking the court to order the agency to set clear rules for digital assets.
“The Court should grant mandamus now because the
Commission has decided not to grant Coinbase’s rulemaking petition and is
actively harming the industry,” said Paul Grewal, Coinbase’s Chief Legal
Officer.
We couldn’t wait until our deadline next week to address the SEC’s response to the June 6 order from the Third Circuit. It is unusual for the government to defy a direct question from a federal court. But the SEC’s evasive response goes further, as we set out today. 1/5 pic.twitter.com/ssULmUpzi2
— paulgrewal.eth (@iampaulgrewal) June 17, 2023
The SEC sued
Coinbase for allegedly
operating its cryptocurrency trading platform as an unregistered national
securities exchange and broker. Following the lawsuit, the US Court of Appeals
for the Third Circuit ordered the regulator to reveal whether it had granted
Coinbase’s petition.
Keep Reading
In response, the SEC
declared it had not decided what action to take regarding the petition, and that there was
no basis for subjecting the commission’s discretionary rulemaking agenda to a
specific time. Earlier, the court asked the SEC how much time it would require to decide
whether to grant or deny the petition.
Non-Committal Responses
“The Commission’s refusal to say how much additional
time it needs to act on Coinbase’s petition confirms that further delay is
futile,” Grewal tweeted. “At a minimum, the court should order the
Commission to report on its action – not an ‘anticipated’ staff recommendation
– in no more than within 60 days and decide the mandamus petition promptly if
the Commission still has not acted at that time. “
However, the SEC led by Gary Gensler, insisted that the rules
related to digital assets are clear, yet the industry is still ‘rife
with non-compliance’. Gensler, who commented in March before the House
Appropriations Subcommittee on Financial Services and General Government, added
that most cryptocurrencies are securities.
The agency continues to pursue what has been termed by industry experts as ‘regulations by enforcement’. Further, the SEC has brought many legal actions against several other top cryptocurrency exchanges besides Coinbase, including Binance and Binance.US.
The cryptocurrency exchange, Coinbase asked the federal court
on Saturday to compel the Securities and Exchange Commission (SEC ) to respond
to a petition it filed last year. Coinbase petitioned the commission requesting clear rules for identifying which digital assets are classified as
securities.
In Saturday’s filing, Coinbase requested ‘mandamus’, which refers to an order issued by a
court to the government agency, in this case, it would compel them to perform a
certain task. Specifically, the exchange is asking the court to order the agency to set clear rules for digital assets.
Explore limitless, instant crypto swaps. Choose from 1000+ coins and tokens and exchange with no registration or sign-up. Experience a platform that prioritizes your data privacy and fund security.
“The Court should grant mandamus now because the
Commission has decided not to grant Coinbase’s rulemaking petition and is
actively harming the industry,” said Paul Grewal, Coinbase’s Chief Legal
Officer.
We couldn’t wait until our deadline next week to address the SEC’s response to the June 6 order from the Third Circuit. It is unusual for the government to defy a direct question from a federal court. But the SEC’s evasive response goes further, as we set out today. 1/5 pic.twitter.com/ssULmUpzi2
— paulgrewal.eth (@iampaulgrewal) June 17, 2023
The SEC sued
Coinbase for allegedly
operating its cryptocurrency trading platform as an unregistered national
securities exchange and broker. Following the lawsuit, the US Court of Appeals
for the Third Circuit ordered the regulator to reveal whether it had granted
Coinbase’s petition.
Keep Reading
In response, the SEC
declared it had not decided what action to take regarding the petition, and that there was
no basis for subjecting the commission’s discretionary rulemaking agenda to a
specific time. Earlier, the court asked the SEC how much time it would require to decide
whether to grant or deny the petition.
Non-Committal Responses
“The Commission’s refusal to say how much additional
time it needs to act on Coinbase’s petition confirms that further delay is
futile,” Grewal tweeted. “At a minimum, the court should order the
Commission to report on its action – not an ‘anticipated’ staff recommendation
– in no more than within 60 days and decide the mandamus petition promptly if
the Commission still has not acted at that time. “
However, the SEC led by Gary Gensler, insisted that the rules
related to digital assets are clear, yet the industry is still ‘rife
with non-compliance’. Gensler, who commented in March before the House
Appropriations Subcommittee on Financial Services and General Government, added
that most cryptocurrencies are securities.
The agency continues to pursue what has been termed by industry experts as ‘regulations by enforcement’. Further, the SEC has brought many legal actions against several other top cryptocurrency exchanges besides Coinbase, including Binance and Binance.US.
