SEC to Reassess Its Past Statements on Crypto

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Acting SEC Chair Mark Uyeda has instructed agency staff to review and potentially revise prior statements on cryptocurrencies.

“The goal is to identify statements that should be modified or rescinded in line with the agency’s current priorities,” Uyeda said.

The move aligns with Presidential Executive Order 14192, “Unleashing Prosperity Through Deregulation,” and follows guidance from the Department of Government Efficiency (DOGE).

According to the SEC, the review will cover:

  • The 2019 guidance on applying the Howey test to digital assets
  • The 2020 response to Wyoming’s law allowing local trust companies to custody crypto
  • The February 2021 investor alert on “unique risks” in crypto trading
  • The 2021 warning on Bitcoin futures-linked mutual funds
  • The 2022 disclosure advisory, urging companies to be transparent about crypto-related risks

Uyeda also asked staff to reevaluate the agency’s COVID-era communications regarding market impacts.

Previously, the SEC’s Division of Corporation Finance clarified that some stablecoins may not meet the definition of securities.