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Congress Passes Key Cryptocurrency Legislation to Overturn SEC SAB 121

Published

on

05/20/2024 04:11:03 ET

The US Congress has passed a bill targeting SEC Staff Accounting Bulletin No. 121 (SAB 121). This action marks the first standalone cryptocurrency legislation that aims to reverse the requirement that crypto assets be recorded as liabilities on balance sheets.

Passed last week, the legislation under the Congressional Review Act (CRA) seeks to repeal SAB 121. The bill requires entities that hold cryptocurrencies for clients to recognize these assets and corresponding liabilities at fair value in their financial statements financial.

SAB 121 is subject to criticism

This requirement has been heavily criticized for potentially placing significant financial burdens on financial institutions, a factor that could discourage them from offering cryptocurrency custody services.

U.S. Senator Cynthia Lummis (R-WY)

declared

on social media that the Senate’s decision represents an important step forward for financial innovation. He touted the move as a direct response to what he perceives as the Biden administration and SEC Chairman Gary Gensler’s aggressive stance on cryptocurrency regulation.

This legislative effort is the first of its kind and focuses exclusively on cryptocurrency.

Meanwhile, House Financial Services Committee Chairman Patrick McHenry (R-NC) also did so

dubbed

similar sentiments, arguing that SAB 121 poses a significant barrier to financial institutions.

This, he noted, makes it prohibitive for these companies to manage crypto assets. McHenry called the rule “one of the most egregious examples of regulatory overreach” under Gensler’s leadership at the SEC.

Biden maintains an anti-cryptocurrency stance

Interestingly, President Joe Biden had done so

opposite

the legislation and suggested a possible veto. The White House released a statement expressing concern that reducing the SEC’s regulatory capacity could lead to “substantial financial instability and market uncertainty.”

The U.S. House of Representatives initially voted to overturn SAB 121 earlier this month, followed by the Senate last week. This was followed by that of the United States Senate

vote

to repeal last week’s bulletin.

President Biden did so publicly

expressed

his anti-cryptocurrency stance. This was reflected in his

proposed

financial measures in the recent budget, which includes a tax on cryptocurrency mining and a “wash sale” rule for digital assets.

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