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first_img The U.S. SEC has revised the quorum rules, potentially concentrating the authority for cryptocurrency regulation in the hands of a few commissioners

On September 30, the U.S. Securities and Exchange Commission (SEC) released final rules adjusting the quorum requirement to only one commissioner in most cases to constitute a quorum, which took effect on October 2. The SEC stated that this move aims to enhance the flexibility and finality of institutional rule-making. Earlier this month, Commissioner Hester Peirce resigned, leaving only Chairman Paul Atkins and former Acting Chairman Mark Uyeda as the two remaining commissioners, while the agency's statutory seats are five.The leadership vacancy at the U.S. Commodity Futures Trading Commission (CFTC) is even more pronounced, as Michael Selig has been the only Senate-confirmed chairman and commissioner since December 2025. Both agencies were originally set to have five commissioners. In terms of rule-making, the SEC proposed in August to provide a safe harbor for tokens not to be classified as "investment contracts," and the CFTC followed up in October, with Selig stating that he would utilize existing statutory authority to advance cryptocurrency regulation through proposed rules regarding exchanges; Atkins also mentioned on October 2 that more regulatory proposals would be forthcoming.On October 5, the Financial Times published a commentary by Robin Wigglesworth, pointing out that with only two commissioners, if one needs to recuse themselves or is unable to perform their duties, a single commissioner can pass formal rules applicable to a securities market worth trillions of dollars. Uyeda subsequently responded in the Financial Times, stating that the SEC's commitment to its mission has not changed, and the rule modification merely clarifies that when all but one commissioner must recuse themselves, the commission can still constitute a quorum.

South Korea's Financial Services Commission: Restricting Shareholding in Virtual Asset Exchanges to Strengthen Regulatory Responsibility

According to a report by the Korean News Agency, the Chairman of the Financial Services Commission, Lee Ik-yeon, stated that the provisions regarding the shareholding restrictions for major shareholders of virtual asset exchanges in the ongoing "Digital Asset Basic Law" are not influenced by specific individuals, but rather consider the need for exchanges to bear higher public responsibilities after institutionalization.Lee Ik-yeon mentioned during the National Assembly's Political Affairs Committee Financial Committee's national governance inspection that currently, South Korean virtual asset exchanges operate under a system of updating declarations every three years. However, after the implementation of the "Digital Asset Basic Law," exchanges will transition to a licensed institutional operation model. He noted that exchanges have infrastructure attributes, thus requiring public nature and responsibility that match their status.Previously, South Korean lawmakers questioned why the original proposal from the Financial Services Commission did not include shareholding restrictions for major shareholders, whether the relevant provisions were influenced by external factors, and pointed out that if enforced, major shareholders and potential acquirers of South Korean exchanges might need to sell shares worth trillions of Korean won.In response, Lee Ik-yeon stated that the government is currently drafting relevant legislation, and the specific content of the shareholding restrictions can be further coordinated during the National Assembly review process, emphasizing that all opinions will be fully reflected in the design. He also mentioned that the government proposal for the "Digital Asset Basic Law" is undergoing final coordination and will be submitted as soon as possible, although no specific timeline has been announced.

first_img SEC Commissioner Hester Peirce will resign on October 2

Hester Peirce, a commissioner of the U.S. Securities and Exchange Commission (SEC), announced she will resign on October 2. She published her resignation letter on social media platform X on Friday, revealing this date. Peirce is known in the industry as "Crypto Mom," having long advocated for clear rules for the crypto industry. During the tenures of Jay Clayton and Gary Gensler as chairmen, the SEC took a tough enforcement stance on crypto, while she continued to push for industry regulation. During the Trump administration, she was involved in rule-making and was appointed last year to lead the newly established SEC crypto working group.Her work in crypto encompasses policy statements and guidance on areas such as mining, staking, and meme coins, with the most important aspect being the classification and definition of various crypto assets to clarify regulatory jurisdiction. Recently, the SEC began proposing formal rules, the first being "Regulation Crypto Assets," which establishes a framework for issuing crypto assets that does not trigger strict securities regulation. The SEC also opened a path for tokenization of securities, known as "innovation exemptions," to initiate the era of securities tokenization with a five-year limited period.Peirce will become an associate professor at Regent University School of Law. After her departure, the SEC will have only two commissioners left, Atkins and Mark Uyeda, and the rules allow the two to constitute a quorum. On the same day, the SEC released a frequently asked questions document on crypto assets, addressing how to avoid triggering the "necessary managerial efforts" determination when marketing tokens, and discussing issues such as when staking receipt tokens and secondary markets are considered "promoters" of investment contracts.
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