Coinbase plans to challenge SEC's denial of new crypto rulemaking in court

12/16/2023 01:31
Coinbase plans to challenge SEC's denial of new crypto rulemaking in court

Coinbase's Chief Legal Officer Paul Grewal says the exchange will challenge the SEC's pushback to write new rules specific to crypto.

Companies • December 15, 2023, 1:27PM EST

Published 1 minute earlier on

Quick Take

  • Coinbase’s Paul Grewal said the exchange will challenge the SEC’s move to deny its request for the agency to write crypto-specific rules later on Friday. 

Coinbase Chief Legal Officer Paul Grewal said Friday that the crypto exchange will challenge the Securities and Exchange Commission's move to deny its request for new digital asset regulation. 

Earlier in the day, the SEC denied Coinbase's long-running request for new rules, calling it "unwarranted." 

"Today the SEC denied Coinbase’s petition for rules for crypto," Grewal posted on X. "After 18 months of silence, we went to court to get the response the law requires. With appreciation for the Third Circuit, later today we'll again seek its help by challenging the SEC’s abdication of its duty."

Coinbase and the SEC have butted heads since the exchange asked for new rules in 2022. Grewal noted that Republican SEC Commissioners Hester Peirce and Mark Uyeda disagreed with the denial and pointed to a need for dialogue between regulators and the crypto industry. 

"We're grateful that two Commissioners disagreed with the denial and called for real dialogue," Grewal said. "We should be working together to create laws and rules that will benefit consumers and U.S. innovation, not defending lawsuits based on legal positions that change month after month."

SEC's actions

The agency has not proposed crypto specific rules, but has put forward some rulemakings over the past year that would apply to the industry. For example, the SEC reopened a custody rule that would require registered investment advisors to keep crypto with a qualified custodian, and require those custodians to follow certain requirements. 

The SEC has also taken enforcement actions over the past year, including against Coinbase for operating as an unregistered exchange, which is ongoing. Coinbase has said the judge should throw out that case

An important part of the SEC's responsibility is figuring out how to divvy out resources, SEC Chair Gary Gensler said on Friday. He emphasized that the crypto market is small compared to the rest of the capital markets, which the agency oversees. 

"While the crypto market experiences outsize fraud, abuse, and noncompliance relative to its size, it nevertheless is a small portion of the bigger-than-$110 trillion capital markets. It is important that the Commission maintain discretion to direct focus to whichever parts of the capital markets need updated regulation," Gensler said. 


Disclaimer: The Block is an independent media outlet that delivers news, research, and data. As of November 2023, Foresight Ventures is a majority investor of The Block. Foresight Ventures invests in other companies in the crypto space. Crypto exchange Bitget is an anchor LP for Foresight Ventures. The Block continues to operate independently to deliver objective, impactful, and timely information about the crypto industry. Here are our current financial disclosures.

© 2023 The Block. All Rights Reserved. This article is provided for informational purposes only. It is not offered or intended to be used as legal, tax, investment, financial, or other advice.

About Author

Sarah is a reporter at The Block covering policy, regulation and legal happenings. Before, Sarah was a reporter with CQ Legal writing about securities regulation, which is where she first started reporting on crypto. Sarah has also written for The Bond Buyer and American Banker, among other finance-related publications. She graduated from the University of Missouri and earned a degree in print and digital journalism. Sarah is based in Washington D.C., and is an avid coffee lover. You can follow her on Twitter @ForTheWynn.

More by Sarah Wynn

Read more --->