Is Ethher a commodity or a security?

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Der Vorsitzende der Securities and Exchange Commission (SEC), Gary Gensler, sagte am Dienstag vor dem House Financial Services Committee über die Durchsetzungsmaßnahmen der Agentur gegen die Kryptoindustrie in den letzten Monaten aus. Der Vorsitzende wurde um Antworten gebeten, wie genau er zwischen Krypto-Wertpapieren und Krypto-Waren unterscheidet, und zu den jüngsten Schwierigkeiten für Krypto-Firmen beim Zugang zu Finanzdienstleistungen. Wo ist die Klarheit? In seiner Eröffnungsrede stellte der Ausschussvorsitzende Patrick McHenry fest, dass Gensler und die diesjährige Börsenkommission „fast 50 separate Durchsetzungsmaßnahmen gegen Digital-Asset-Firmen“ eingereicht hätten. Die Agentur plant, diese Durchsetzung mit einer beantragten Finanzierung in Höhe von 78 Millionen US-Dollar auszuweiten. …
The chairman of the Securities and Exchange Commission (Sec), Gary Gensler, said on Tuesday in front of the House Financial Services Committee about the agency's enforcement measures against the crypto industry in recent months. The chairman was asked for answers how exactly he differentiates between crypto value papers and crypto goods, and the recent difficulties for crypto companies when accessing financial services. Where is the clarity? In his opening speech, the committee chairman Patrick Mchenry found that Gensler and this year's stock exchange commission had submitted "almost 50 separate enforcement measures against digital asset companies". The agency plans to expand this enforcement with a requested financing of $ 78 million. ... (Symbolbild/KNAT)

The chairman of the Securities and Exchange Commission (SEC), Gary Gensler, said on Tuesday before the House Financial Services Committee about the agency's enforcement measures against the crypto industry in recent months.

The chairman was asked for answers how exactly he differentiates between crypto value papers and crypto goods, and the recent difficulties for crypto companies when accessing financial services.

where is the clarity?

In his opening speech, the committee chairman Patrick Mchenry found that Gensler and this year's stock exchange commission "had submitted almost 50 separate enforcement measures against digital asset companies". The agency plans to expand this enforcement with a requested financing of $ 78 million.

"At the same time, they refused to clarify whether digital assets that are offered as part of an investment contract are subject to securities laws and, what is even more important, how these companies should comply with these laws," he continued.

In previous explanations and interviews, Gensler claimed that the vast majority of crypto-assets are only securities explicit naming of bitcoin Apart from the greatest crypto, he refused to name names-not even Avoid a direct answer to the classification of Ethereum.

The same happened during the hearing on Tuesday. When asked by Mchenry, whether Ether was a commodity or a security, Gensler only explained that "the clarity is there, the law is clear and clear".

Gensler often quotes the Howey test when asked whether a digital asset is a security or not. Under the test, a financial asset that is issued to obtain money with a profit expectation based on the efforts of others is a "investment contract".

regulation through enforcement

In terms of assertiveness, the Minnesota, Tom Emmer, provided a number of quick-fire questions in connection with the increasingly hostile banking and regulatory environment, with which crypto companies are confronted in the united states. Since Gensler hesitated to give short and direct answers, Emmer claimed that the SEC had contributed to making crypto companies more difficult.

"Your regulatory style lacks flexibility and nuances, and as a result, you were an incompetent police officer on the run," said Emmer, "Nothing to protect the Americans in everyday life and pressed the KPCh."

Emmer also criticized Gensler for the fact that he had approved the billion-dollar collapse of Terra and FTX under his supervision. The MEP recommended last year FTX received a "special treatment" from the SEC, to which other companies were not inaugurated.

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