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BNY Mellon Secures Approval for Crypto Custody Amidst SEC’s SAB 121 Controversy

  • The U.S. SEC’s SAB 121 ruling is facing criticism for allegedly stifling innovation in the crypto sector.
  • Both the SEC and the Federal Reserve are putting pressure on banks that offer cryptocurrency custody services.
  • BNY Mellon has recently received approval to provide crypto custody services, despite ongoing regulatory challenges.

Delve into the complexities of the SEC’s SAB 121 ruling and its implications on the crypto industry, as well as the recent developments with BNY Mellon.

SEC’s SAB 121: A Barrier to Innovation?

The introduction of the Staff Accounting Bulletin 121 (SAB 121) by the Securities and Exchange Commission (SEC) in March 2022 has stirred significant controversy. The rule, which mandates banks to record their crypto custodial assets on their balance sheets, has been criticized for contradicting generally accepted accounting principles (GAAP). Critics argue that this rule exposes banks to further regulatory scrutiny, deter innovation, and pose unnecessary hurdles to crypto adoption. Congressman Ritchie Torres has been vocal in his opposition, stating that this rule goes against the spirit of innovation in the financial sector.

The Broader Impact of Regulatory Pressure

The crypto industry is currently navigating a challenging regulatory landscape, with both the SEC and the Federal Reserve tightening their grip on crypto-related activities in the banking sector. Recently, several banks have been issued cease-and-desist orders relative to their crypto custodial services. These actions follow the widely publicized collapse of Silvergate Bank, which suffered due to the Federal Reserve’s directive to cut crypto-related deposits. This stringent regulatory environment raises questions about the consistency and fairness of the regulatory bodies towards innovation within the U.S. financial system.

BNY Mellon: Navigating Regulatory Hurdles

Despite these challenges, major banking institutions are steadily making their way into the crypto custody space. BNY Mellon, one of the largest banks in the U.S., has secured approval to offer crypto custodial services. This approval comes despite the intricate challenges imposed by SAB 121. Analysts wonder whether this sets a new precedent that could encourage more banks to explore crypto custody services in the future. BNY Mellon’s entry signifies a critical step forward, potentially leading to wider acceptance and integration of cryptocurrencies within the traditional financial system.

Conclusion

The SAB 121 rule represents a significant point of contention in the regulatory framework governing cryptocurrencies in the U.S. While it aims to bring more oversight, detractors believe it hampers financial innovation. Meanwhile, the approval received by BNY Mellon highlights that, despite stringent regulations, there is still room for growth and integration in the crypto market. The scenario calls for a balanced regulatory approach that ensures security while fostering innovation, paving the way for a more robust financial ecosystem.

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