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10 Commandments for Federal Securities Laws

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U.S. financial markets have long been burdened with a patchwork of outdated, overly complex, paternalistic rules. Meanwhile, the government’s failure to establish a regulatory regime for digital assets, coupled with its aggressive persecution of the industry, has stifled innovation. Unsurprisingly, the rest of the world surged ahead, leaving the U.S. behind.

Now, under President Trump’s leadership, we stand on the brink of a historic shift. His “largest deregulation campaign in history” and “revolution of common sense,” offers us a rare chance to remove artificial boundaries, retire antiquated philosophies, and rethink our approach to regulating financial markets and digital asset ecosystems. Instead of creating and being bound by reactive regulations designed for past crises and technologies, we can design flexible, forward-looking frameworks that promote innovation.

As I envision these frameworks, I’m reminded of wisdom shared by Securities and Exchange Commission Chairman Harvey Pitt (2001-2003), a lion of the securities bar, who proposed a simple yet profound solution to improve U.S. equity markets: develop guiding principles for our markets to embody. Chairman Pitt likened these to God’s Ten Commandments — clear principles to govern conduct with the industry tasked to meet them.

Too often, regulators and market participants get bogged down in the minutiae of prescriptive laws and miss their core intent. While norms, standards and rules have their place, the “ten commandments” proposed here provide a strong foundation for future frameworks. The key is to first understand the purpose of the federal securities laws.

At their core, these laws govern transactions involving securities — whether shares of a company, loan promises, or investment stakes. When people entrust you with their money, you owe them specific duties. The securities laws are primarily a disclosure regime designed to ensure fair and transparent exchanges that give investors the information they need to assess the risks and rewards of their investments.

Read more: Trump Said to Consider Crypto Lawyer Teresa Goody Guillén to Lead SEC

These laws emerged after the 1929 stock market crash, which was fueled by unethical practices such as insider trading and stock manipulation, and exacerbated by information asymmetry between buyers and sellers of securities. The Securities Act of 1933 and the Securities Exchange Act of 1934 were enacted to prevent these abuses and to facilitate companies obtain capital, protect investors who invest their capital, and ensure markets are fair and efficient, while minimizing burdens on honest business activities.

Despite good intentions, these laws have become overly complex, stifling competition and limiting investor freedom. To reimagine financial market regulation, particularly in light of emerging technologies and digital assets subject to the securities laws, we must return to the principles that shaped these laws —principles that promote fairness while minimizing burdens on honest businesses.

Based on Chairman Pitt’s vision, I distilled the core values for market participants into the following ten commandments for a trustworthy market:

Thou shalt disclose material information. Full and fair disclosure is the crux of the securities laws. Issuers must provide truthful, complete, and nondeceptive material information to investors so they can make informed financial decisions. Concealing or misrepresenting critical information that impacts profit expectations undermines trust and market integrity.

Thou shalt not deceive or manipulate. Fraud and market manipulation distort securities’ true value, harming investors and the market. Preventing deceptive practices helps ensure fairness.

Thou shalt not trade on material nonpublic information. Insider trading gives an unfair advantage to those with access to confidential information. This ensures a fair playing field for all market participants.

Thou shalt tell the truth about your financial health. Financial statements must be accurate and transparent, reflecting a company’s true financial condition, so investors can accurately assess risks and make informed financial decisions.

Thou shalt treat all investors equally. All investors must have equal access to material information and opportunities. This ensures fairness and prevents insider advantages and discriminatory practices.

Thou shalt reveal the risks involved. Investors must be informed of the risks associated with their investments so they can make choices aligned with their financial goals and risk tolerance.

Thou shalt act in accordance with your duties to others. Market participants who owe obligations of trust and responsibility, such as financial professionals and corporate directors, must act in the interests of their clients and shareholders, not for their own personal gain.

Thou shalt strive to avoid conflicts of interest, but if some are unavoidable, thou shalt disclose them. Market participants should avoid or minimize conflicts of interest, but if unavoidable, conflicts must be disclosed. Transparency allows investors to make decisions with an understanding of potential biases and preserves trust.

Thou shalt ensure fair and transparent markets. Markets must operate on the basis of true supply and demand, free from artificial distortions. This promotes trust and fair pricing.

Thou shalt promote efficient and orderly markets. Markets must operate smoothly, with transparent pricing and equal access for all participants. This fosters market stability and investor trust.

By focusing on these core principles, we can create adaptable regulatory frameworks that keep pace with technological advancements and avoid the constraints of outdated laws. This is the time for a seismic shift in financial regulation toward an approach that anticipates future markets and innovations. We can build a future-proof financial system that benefits everyone by ensuring clarity, fairness, and order while fostering innovation.

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Asia Morning Briefing: Native Markets Wins Right to Issue USDH After Validator Vote

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Good Morning, Asia. Here’s what’s making news in the markets:

Welcome to Asia Morning Briefing, a daily summary of top stories during U.S. hours and an overview of market moves and analysis. For a detailed overview of U.S. markets, see CoinDesk’s Crypto Daybook Americas.

Hyperliquid’s validator community has chosen Native Markets to issue USDH, ending a weeklong contest that drew proposals from Paxos, Frax, Sky (ex-MakerDAO), Agora, and others.

Native Markets, co-founded by former Uniswap Labs president MC Lader, researcher Anish Agnihotri, and early Hyperliquid backer Max Fiege, said it will begin rolling out USDH “within days,” according to a post by Fiege on X.

According to onchain trackers, Native Markets’ proposal took approximately 70% of validators’ votes, while Paxos took 20%, and Ethena came in at 3.2%.

The staged launch starts with capped mints and redemptions, followed by a USDH/USDC spot pair before caps are lifted.

USDH is designed to challenge Circle’s USDC, which currently dominates Hyperliquid with nearly $6 billion in deposits, or about 7.5% of its supply. USDC and other stablecoins will remain supported if they meet liquidity and HYPE staking requirements.

Most rival bidders had promised to channel stablecoin yields back to the ecosystem with Paxos via HYPE buybacks, Frax through direct user yield, and Sky with a 4.85% savings rate plus a $25 million “Genesis Star” project.

Native Markets’ pitch instead stressed credibility, trading experience, and validator alignment.

Market Movement

BTC: BTC has recently reclaimed the $115,000 level, helped by inflows into ETFs, easing U.S. inflation data, and growing expectations for interest rate cuts. Also, technical momentum is picking up, though resistance sits around $116,000, according to CoinDesk’s market insights bot.

ETH: ETH is trading above $4600. The price is being buoyed by strong ETF inflows.

Gold: Gold continues to trade near record highs as traders eye dollar weakness on expected Fed rate cuts.

Elsewhere in Crypto:

  • Pakistan’s crypto regulator invites crypto firms to get licensed, serve 40 million local users (The Block)
  • Inside the IRS’s Expanding Surveillance of Crypto Investors (Decrypt)
  • Massachusetts State Attorney General Alleges Kalshi Violating Sports Gambling Laws (CoinDesk)
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BitMEX Co-Founder Arthur Hayes Sees Money Printing Extending Crypto Cycle Well Into 2026

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Arthur Hayes believes the current crypto bull market has further to run, supported by global monetary trends he sees as only in their early stages.

Speaking in a recent interview with Kyle Chassé, a longtime bitcoin and Web3 entrepreneur, the BitMEX co-founder and current Maelstrom CIO argued that governments around the world are far from finished with aggressive monetary expansion.

He pointed to U.S. politics in particular, saying that President Donald Trump’s second term has not yet fully unleashed the spending programs that could arrive from mid-2026 onward. Hayes suggested that if expectations for money printing become extreme, he may consider taking partial profits, but for now he sees investors underestimating the scale of liquidity that could flow into equities and crypto.

Hayes tied his outlook to broader geopolitical shifts, including what he described as the erosion of a unipolar world order. In his view, such periods of instability tend to push policymakers toward fiscal stimulus and central bank easing as tools to keep citizens and markets calm.

He also raised the possibility of strains within Europe — even hinting that a French default could destabilize the euro — as another factor likely to accelerate global printing presses. While he acknowledged these policies eventually risk ending badly, he argued that the blow-off top of the cycle is still ahead.

Turning to bitcoin, Hayes pushed back on concerns that the asset has stalled after reaching a record $124,000 in mid-August.

He contrasted its performance with other asset classes, noting that while U.S. stocks are higher in dollar terms, they have not fully recovered relative to gold since the 2008 financial crisis. Hayes pointed out that real estate also lags when measured against gold, and only a handful of U.S. technology giants have consistently outperformed.

When measured against bitcoin, however, he believes all traditional benchmarks appear weak.

Hayes’ message was that bitcoin’s dominance becomes even clearer once assets are viewed through the lens of currency debasement.

For those frustrated that bitcoin is not posting fresh highs every week, Hayes suggested that expectations are misplaced.

In his telling, investors from the traditional world and those in crypto actually share the same premise: governments and central banks will print money whenever growth falters. Hayes says traditional finance tends to express this view by buying bonds on leverage, while crypto investors hold bitcoin as the “faster horse.”

His conclusion is that patience is essential. Hayes argued that the real edge of holding bitcoin comes from years of compounding outperformance rather than short-term speculation.

Coupled with what he sees as an inevitable wave of money creation through the rest of the decade, he believes the present crypto cycle could stretch well into 2026, far from exhausted.

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Bitcoin Bulls Bet on Fed Rate Cuts To Drive Bond Yields Lower, But There’s a Catch

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On Sept. 17, the U.S. Federal Reserve (Fed) is widely expected to cut interest rates by 25 basis points, lowering the benchmark range to 4.00%-4.25%. This move will likely be followed by more easing in the coming months, taking the rates down to around 3% within the next 12 months. The fed funds futures market is discounting a drop in the fed funds rate to less than 3% by the end of 2026.

Bitcoin (BTC) bulls are optimistic that the anticipated easing will push Treasury yields sharply lower, thereby encouraging increased risk-taking across both the economy and financial markets. However, the dynamics are more complex and could lead to outcomes that differ significantly from what is anticipated.

While the expected Fed rate cuts could weigh on the two-year Treasury yield, those at the long end of the curve may remain elevated due to fiscal concerns and sticky inflation.

Debt supply

The U.S. government is expected to increase the issuance of Treasury bills (short-term instruments) and eventually longer-duration Treasury notes to finance the Trump administration’s recently approved package of extended tax cuts and increased defense spending. According to the Congressional Budget Office, these policies are likely to add over $2.4 trillion to primary deficits over ten years, while Increasing debt by nearly $3 trillion, or roughly $5 trillion if made permanent.

The increased supply of debt will likely weigh on bond prices and lift yields. (bond prices and yields move in the opposite direction).

«The U.S. Treasury’s eventual move to issue more notes and bonds will pressure longer-term yields higher,» analysts at T. Rowe Price, a global investment management firm, said in a recent report.

Fiscal concerns have already permeated the longer-duration Treasury notes, where investors are demanding higher yields to lend money to the government for 10 years or more, known as the term premium.

The ongoing steepening of the yield curve – which is reflected in the widening spread between 10- and 2-year yields, as well as 30- and 5-year yields and driven primarily by the relative resilience of long-term rates – also signals increasing concerns about fiscal policy.

Kathy Jones, managing director and chief income strategist at the Schwab Center for Financial Research, voiced a similar opinion this month, noting that «investors are demanding a higher yield for long-term Treasuries to compensate for the risk of inflation and/or depreciation of the dollar as a consequence of high debt levels.»

These concerns could keep long-term bond yields from falling much, Jones added.

Stubborn inflation

Since the Fed began cutting rates last September, the U.S. labor market has shown signs of significant weakening, bolstering expectations for a quicker pace of Fed rate cuts and a decline in Treasury yields. However, inflation has recently edged higher, complicating that outlook.

When the Fed cut rates in September last year, the year-on-year inflation rate was 2.4%. Last month, it stood at 2.9%, the highest since January’s 3% reading. In other words, inflation has regained momentum, weakening the case for faster Fed rate cuts and a drop in Treasury yields.

Easing priced in?

Yields have already come under pressure, likely reflecting the market’s anticipation of Federal Reserve rate cuts.

The 10-year yield slipped to 4% last week, hitting the lowest since April 8, according to data source TradingView. The benchmark yield has dropped over 60 basis points from its May high of 4.62%.

According to Padhraic Garvey, CFA, regional head of research, Americas at ING, the drop to 4% is likely an overshoot to the downside.

«We can see the 10yr Treasury yield targeting still lower as an attack on 4% is successful. But that’s likely an overshoot to the downside. Higher inflation prints in the coming months will likely cause long-end yields some issues, requiring a significant adjustment,» Garvey said in a note to clients last week.

Perhaps rate cuts have been priced in, and yields could bounce back hard following the Sept. 17 move, in a repeat of the 2024 pattern. The dollar index suggests the same, as noted early this week.

Lesson from 2024

The 10-year yield fell by over 100 basis points to 3.60% in roughly five months leading up to the September 2024 rate cut.

The central bank delivered additional rate cuts in November and December. Yet, the 10-year yield bottomed out with the September move and rose to 4.57% by year-end, eventually reaching a high of 4.80% in January of this year.

According to ING, the upswing in yields following the easing was driven by economic resilience, sticky inflation, and fiscal concerns.

As of today, while the economy has weakened, inflation and fiscal concerns have worsened as discussed earlier, which means the 2024 pattern could repeat itself.

What it means for BTC?

While BTC rallied from $70,000 to over $100,000 between October and December 2024 despite rising long-term yields, this surge was primarily fueled by optimism around pro-crypto regulatory policies under President Trump and growing corporate adoption of BTC and other tokens.

However, these supporting narratives have significantly weakened looking back a year later. Consequently, the possibility of a potential hardening of yields in the coming months weighing over bitcoin cannot be dismissed.

Read: Here Are the 3 Things That Could Spoil Bitcoin’s Rally Towards $120K

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