After the justice pressed the SEC to provide a response to the Coinbase petition, the financial policeman asked for an additional 120 days. We take stock of the details of this request.
SEC asks for 120 days to respond to Coinbase
Last April, Coinbase took legal action, in order to force the Securities and Exchange Commission (SEC) to provide a response to its petition dating from almost a year ago now. While the regulator considered this complaint unjustified, new elements were added to the file while the Court of Appeal asked for clarifications.
Thus, the SEC thinks be able to respond by this fallalthough it believes that Coinbase’s request for mandamus “has no merit» :
“Nevertheless, counsel respond to the Court’s order by stating that, given the current circumstances, Commission staff expect to be able to provide a recommendation […] regarding the Coinbase Regulatory Petition within the next 120 days. Commission lawyers may provide the Court with an inventory at the end of this period, no later than October 11, 2023.”
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A long series of justifications
After his initial response last month, justice pressed the SEC asking it to clarify 3 points :
- If she had decided to deny Coinbase’s request;
- If not, how long would she need to respond? ;
- Explain why the Court should reject Coinbase’s proposal requiring the SEC to provide regular progress reports.
As a result, the regulator defended itself by indicating that the recent complaint against Coinbase did not call into question its desire to provide a response. In short, the federal authority explains that as long as the law is not amended, it must enforce the rules in their current conditions until they are changedwhich she says justifies her recent actions:
“As explained in the Commission’s response, the agencies regularly apply existing and applicable law while simultaneously considering whether there are reasonable policy justifications for amending these regulations in the future. »
In addition, the SEC calls for dissociate the words of its president Garry Gensler from the actions carried out by the agencynoting in particular that petitions like those of Coinbase are voted on internally by its commissioners.
On the other hand, the document provided by the financial policeman takes up arguments similar to those mentioned in May, in an attempt to argue that Coinbase’s request for mandamus was not justified.
It is now up to the court to decide on these answers. Until then, it seems clear that the ecosystem can expect further action, and that even in the event of a response next fall, the regulatory process may still take time in the United States.
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Source: SEC Response
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