Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

The Huge Demand for Spot Bitcoin ETFs Has U.S. Banks Begging the SEC to Relax Accounting Rules So They Can Get Into the Crypto Custody Business
cryptoglobe ^ | cryptoglobe

Posted on 02/17/2024 1:56:48 PM PST by NoLibZone

On February 14, 2024, a significant development unfolded in the financial regulatory landscape as four leading financial associations—the Bank Policy Institute (BPI), the American Bankers Association (ABA), the Financial Services Forum (the Forum), and the Securities Industry and Financial Markets Association (SIFMA)—jointly addressed a letter to Gary Gensler, Chair of the U.S. Securities and Exchange Commission (SEC).

This letter represents a unified request from these influential bodies for the SEC to consider targeted modifications to Staff Accounting Bulletin No. 121 (SAB 121), a directive that has significantly impacted U.S. banking organizations’ ability to engage with digital assets since its issuance on March 31, 2022.

The Core of Their Request

The associations’ letter underscores the challenges that SAB 121 has introduced for regulated banking organizations, particularly in providing custodial solutions for digital assets at scale. They argue that the on-balance sheet requirement of SAB 121, coupled with a broad definition of “crypto-asset,” has deterred banking organizations from developing responsible use cases for distributed ledger technology (DLT). This, in turn, has kept activity outside the prudential perimeter, depriving the market of the legal and supervisory protections provided by federally-regulated banking organizations.

Specific Concerns Highlighted

Spot Bitcoin ETPs: The approval of 11 Spot Bitcoin Exchange-Traded Products (ETPs) by the SEC has opened investor access to this asset class through a regulated product. However, banking organizations are notably absent from serving as asset custodians for these ETPs due to the capital ratio and other requirements resulting from SAB 121. This scenario raises concerns about the safety and stability of the ecosystem and suggests a concentration risk that could be mitigated if banking organizations were allowed to provide custodial services.

Use of DLT for Traditional Financial Assets: The associations point out the potential benefits of using DLT to record traditional financial assets, such as bonds, which could streamline payment, clearing, reconciliation, and settlement services. However, SAB 121’s broad definition of “crypto-asset” poses a barrier to meaningful engagement in DLT-based projects by banking organizations. Proposed Modifications and Clarifications The letter outlines several targeted modifications to SAB 121 that the associations believe could address their concerns without undermining the SEC’s policy objectives:

Narrowing the Definition of “Crypto-Assets”: They suggest refining the definition to exclude traditional financial assets recorded or transferred using blockchain networks, as these do not present the same risks as cryptocurrencies.

Exempting Banking Organizations from On-Balance Sheet Treatment: The associations propose maintaining disclosure requirements while exempting banking organizations from the on-balance sheet treatment of crypto-assets. This approach would allow banking organizations to make necessary disclosures about their digital activity without the burdensome capital implications of SAB 121.

Looking Forward

The associations express their willingness to work collaboratively with the SEC to refine SAB 121, emphasizing their shared goals of investor protection, market integrity, and financial stability. They request a meeting with Chair Gensler and SEC staff to discuss their proposed modifications in detail.


TOPICS: Business/Economy
KEYWORDS: bitcoin; bitcoinetf; btc; crypto; nlzbtc

1 posted on 02/17/2024 1:56:48 PM PST by NoLibZone
[ Post Reply | Private Reply | View Replies]

To: NoLibZone

Their letter making the request:

https://www.aba.com/-/media/documents/letters-to-congress-and-regulators/jointclsec20240214.pdf


2 posted on 02/17/2024 1:58:41 PM PST by NoLibZone (We have the nation we deserve The bad guys are willing to protest and riot while we email.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: NoLibZone

Such irony considering:

https://docplayer.net/234739593-The-great-taking-david-rogers-webb.html


3 posted on 02/17/2024 2:10:06 PM PST by Diggity
[ Post Reply | Private Reply | To 1 | View Replies]

To: NoLibZone

NO NO NO NO, if we thought the manufactured banking crisis from real estate was bad in 2008, this will be 1 million times worse.

It will be used to collapse all banking (not that they won’t find another way but let us not help them)


4 posted on 02/17/2024 2:11:49 PM PST by Skwor
[ Post Reply | Private Reply | To 2 | View Replies]

To: NoLibZone

Some how I can’t make myself trust electronic money.


5 posted on 02/17/2024 2:13:28 PM PST by antidemoncrat
[ Post Reply | Private Reply | To 1 | View Replies]

To: NoLibZone
This is so rich. So banks and financial institutions were all against crypto and basically own democrat appointees like Gensler to the SEC. Its so bad that even Elizabeth Warren is holding hands with big bank CEOs (that actually happened) to decry crypto.

But banks and financial institutions see the amount of money being transacted and want to get in; while simultaneously ordering democraps and the SEC to harass crypto companies. You have Jamie Dimon smearing crypto, while at the same time allowing his bank to accept it as payment AND creating whole divisions of crypto behind the scene for future business. Hypocrites all.

6 posted on 02/17/2024 2:38:11 PM PST by KC_Conspirator
[ Post Reply | Private Reply | To 1 | View Replies]

To: antidemoncrat
Some how I can’t make myself trust electronic money.

It's a mixed bag, very volatile. While the US dollar goes down in value over time, crypto is like a yo-yo, wild swings up and down.

I won't use it, but have invested in crypto trading companies. A stock I bought that was $8/share last year has recently jumped to $46 this year. But... it was $40/share a couple years ago. Wild swings in value. Crypto is very volatile - don't trust it.

7 posted on 02/17/2024 3:12:02 PM PST by roadcat
[ Post Reply | Private Reply | To 5 | View Replies]

To: antidemoncrat

I got into COIN etf at $67 less than a year ago. Closed at $180 yesterday


8 posted on 02/17/2024 3:14:14 PM PST by God luvs America (63.5 million pay no income tax and vote for DemoKrats...)
[ Post Reply | Private Reply | To 5 | View Replies]

To: God luvs America; antidemoncrat

should note, COIN is not officially an etf yet run similarly.


9 posted on 02/17/2024 3:17:05 PM PST by God luvs America (63.5 million pay no income tax and vote for DemoKrats...)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Skwor

“NO NO NO NO, if we thought the manufactured banking crisis from real estate was bad in 2008, this will be 1 million times worse. It will be used to collapse all banking (not that they won’t find another way but let us not help them)”

indeed ... bitcoin and their tens of thousands of Cousin Eddie shitcoins are LITERALLY an idea about nothing with zero utility value ... their only “value” is whatever a greater fool will pay, in other words, krapcoins are latter day magic beans ... sooner or later, the rubes will catch on for one reason or another and the magic bean trade will suddenly collapse in toto AGAIN, but unlike previous collapses in which the utilitarian financial system was unaffected, deep integration of the magic bean trade with the utilitarian financial system will collapse the whole magilicuti ...


10 posted on 02/17/2024 3:21:44 PM PST by catnipman (A Vote For The Lesser Of Two Evils Still Counts As A Vote For Evil)
[ Post Reply | Private Reply | To 4 | View Replies]

To: NoLibZone

Beware the moneychangers.


11 posted on 02/17/2024 3:27:06 PM PST by citizen (Put all LBQTwhatever programming on a new subscription service: PERV-TThose look good)
[ Post Reply | Private Reply | To 1 | View Replies]

To: God luvs America

Crypto has been the #1 investment for 8 out of the last 11 years.

Of course it was the worst investment for the other three...feast or famine.


12 posted on 02/17/2024 3:41:58 PM PST by mac_truck (aide toi et dieu t'aidera)
[ Post Reply | Private Reply | To 8 | View Replies]

To: mac_truck

I am a buy and hold investor- so i have no issue weathering the storm


13 posted on 02/17/2024 4:50:23 PM PST by God luvs America (63.5 million pay no income tax and vote for DemoKrats...)
[ Post Reply | Private Reply | To 12 | View Replies]

To: NoLibZone

I wondered what happened to all those subprime mortgage guys.


14 posted on 02/17/2024 7:24:40 PM PST by oldbill
[ Post Reply | Private Reply | To 1 | View Replies]

To: NoLibZone

Remember the trucker protest in Canada! What the government can do more easily with a cashless society


15 posted on 02/18/2024 3:10:29 AM PST by ronnie raygun
[ Post Reply | Private Reply | To 1 | View Replies]

To: ronnie raygun

Precisely.


16 posted on 02/19/2024 9:47:48 PM PST by KC_Conspirator
[ Post Reply | Private Reply | To 15 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson