Tagged: hester peirce

SEC’s New Climate Disclosure Rules on Pause Following Court Order

Earlier this month, the Securities and Exchange Commission (SEC) enacted new climate disclosure rules for public companies. This represents part of a broader political agenda at the SEC that aims to enact new rules that align with ESG or Environmental, Social, and Governance activist policies. The… Read More

Securities and Environment Commission: SEC Adopts New Climate Disclosure Rules, Legal Challenges to Follow

The Securities and Exchange Commission (SEC) has adopted new climate disclosure rules that fall under the ESG sector [environmental, social, and governmental]. The new rules will require reporting companies to disclose their environmental impact, a process that is difficult to measure accurately and will vex… Read More

The SEC’s Poorly Conceived Crypto Policy: Commissioners Peirce and Uyeda Criticize the Commission’s Slapdash Approach to Regulating Digital Assets

Reflecting on the enforcement action taken against ShapeShift, SEC Commissioners Hester Peirce and Mark Uyeda have criticized the Commission’s slapdash approach toward crypto under Chairman Gary Gensler. The Commissioners have issued a dissenting opinion on the enforcement action. In an Administrative Proceeding, it was determined… Read More

SEC Small Business Capital Formation Advisory Committee to Tell Commission Don’t Raise Accredited Investor Wealth Hurdles, Seeks to Make Definition More Inclusive

Yesterday (February 27, 2024), the Securities and Exchange Commission (SEC), Small Business Capital Formation Advisory Committee (SBCFAC), met to discuss several issues of importance that impact early-stage firms. Perhaps the most pressing issue is the definition of an Accredited Investor – a rule the Commission… Read More

Congress Introduces Joint Resolution to Revoke SEC’s SAB 121 that Blocks Banks from Providing Custody of Digital Assets

In an X, Congressman Mike Flood revealed a Joint Resolution to revoke the authority of the Securities and Exchange Commission’s (SEC) Staff Accounting Bulletin 121. This SAB was enacted in 2022 and impacted the digital asset industry. The SAB addressed the “accounting for obligations to… Read More

Securities and Exchange Commission Reveals New Rules for SPACs – Commissioners Peirce, Uyeda Slam the New Regulations

Today, at an open meeting, the Securities and Exchange Commission (SEC) revealed new rules that will cover SPACs or Special Purpose Acquisition Companies. SPACs are “blank check” firms that are public firms that are created to enact a merger or acquisition of another firm. As… Read More

SEC Announces New Small Business Advocate

The Securities and Exchange Commission (SEC) has announced the new Small Business Advocate – a role that has been vacant for some time now. The Office of the Advocate for Small Business Capital Formation was created by legislation that was signed into law in 2016…. Read More

Republican SEC Commissioners Issue Statement on Coinbase Petition Denial

Earlier this morning, the Securities and Exchange Commission (SEC) issued a statement denying the petition for rulemaking commenced almost two years ago by Coinbase (NASDAQ:COIN), the largest digital asset exchange in the US. SEC Chair Gary Gensler declared, “… To the extent that crypto assets… Read More

SEC Small Business Capital Formation Advisory Committee Prepares Another Round of Recommendations on Accredited Investor Definition

The SEC Small Business Capital Formation Advisory Committee (SBCFAC) returned to meet this past week with the definition of an Accredited Investor at the top of the list for discussion. The SBCFAC provides guidance to the Commission on issues that impact smaller firms, which frequently… Read More

SEC Commissioner Peirce: We Should Not Look to Impose Public Market Style Regulations on Private Markets. Meanwhile, Chair Gensler Aims to Change Reg D for the Worse

Speaking at the beginning of last week’s meeting of the Investor Advisory Committee (IAC), SEC Commissioner Hester Peirce went to bat for smaller firms and private securities issuers – once again. The SEC is currently considering making the definition of an Accredited Investor more rigorous…. Read More

It was “Fan Crowdfunding” – SEC Commissioners Peirce and Uyeda Criticize Stoner Cats NFT Enforcement Action

Earlier today, the Securities and Exchange Commission (SEC) announced an enforcement action against Stoner Cats and the creation of non-fungible tokens (NFTs) that were sold to the public. In total, Stoner Cats sold over $8 million in these NFTs which then were available for resale… Read More

Two SEC Commissioners Question Enforcement Action on NFT Issuer Impact Theory

SEC Commissioners Hester Peirce and Mark Uyeda have joined to issue a statement on the enforcement action taken by the Commission against NFT issuer Impact Theory. Yesterday, the SEC revealed its first enforcement action against an NFT issuer, with the firm settling the allegations without… Read More

Unmapped Territory: SEC Commissioners Peirce and Uyeda Dissent on Commission’s Decision to Refuse CryptoFed DAO’s Request to Withdraw a Not Yet Effective Registration Statement

  SEC Commissioners Hester Peirce and Mark Uyeda have issued a public dissent of the Commission’s decision to deny CryptoFed DAO’s request to withdraw its registration statement and the motion to dismiss the case by the Division of Enforcement. In brief, in November 2021, the… Read More

SEC Commissioner Hester Peirce Adds Voice to Expand Definition of an Accredited Investor

SEC Commissioner Hester Peirce has posted here comments delivered at the beginning of the SEC’s 42nd Annual Small Business Forum taking place this week. A few years back, the Forum was an in-person event, but COVID and convenience have shifted the event to a virtual… Read More

SEC Commissioners Peirce and Uyeda Comment on Disapproval of Van Eck Bitcoin Trust

Today, the Securities and Exchange Commission (SEC) denied once again a request to list and trade shares of the VanEck Bitcoin Trust on the Cboe BZX Exchange. The Commission said that BZX had not demonstrated sufficiently it would protect investors and guard against fraud and… Read More

House Financial Services Committee Leadership, Senator Tim Scott Demand Information on SEC’s Proposed Climate Disclosure Rules that Exceed its Mandate, Harms Economy

The Chairman of the House Financial Services Committee, Patrick McHenry, and the Chairman of the Subcommittee on Oversight and Investigations, Bill Huizenga, along with Senator Tim Scott, the ranking member on the Senate Banking Committee, have joined in sending a letter to SEC Chairman Gary… Read More

A Paternalistic and Lazy Regulator: SEC Commissioner Hester Peirce Criticizes Kraken Enforcement Action

SEC Commissioner Hester Peirce has shared her thoughts on the enforcement action taken against Kraken. The crypto exchange agreed to pay a $30 million penalty pertaining to its staking service. The ability for US clients to earn a return on parked Proof of Stake digital… Read More

New House Financial Services Subcommittee Chair Puts SEC Chair Gary Gensler on Notice

Representative Bill Huizenga,  a member of the House Financial Services Committee and new Chair of the Subcommittee on Oversight and Investigations, has put Securities and Exchange Commission (SEC) Chair Gary Gensler on notice. In a Tweet, Huizenga said that oversight of the SEC is at… Read More

SEC Commissioner Peirce Asks All the Right Questions of the Small Business Capital Formation Advisory Committee

Today the SEC’s Small Business Capital Formation Advisory Committee (SBCFAC) held a meeting to address two important topics. The sagging initial public offering (IPO) market and access to capital for vital entrepreneurial markets. Both, are key policy ambitions – more so during a time of… Read More

SEC Small Business Capital Formation Advisory Committee Tells Commission to Make it Easier to Trade Reg A+ Securities

Several weeks back, the SEC Small Business Capital Formation Advisory Committee (SBCFAC) met and discussed secondary transactions for securities issued under Regulation A (Reg A+) as well as Reg CF. Private securities must adhere to various rules for investors to sell a holding creating hurdles… Read More

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