The current state of cryptocurrency and fintech regulation in the United States presents a complex and challenging landscape for both businesses and investors. Here is a take on the key issues and solutions identified by experts.
The Catch-22 of Crypto Regulation
One of the major concerns surrounding cryptocurrencies is the lack of a clear and consistent regulatory framework. This has created a Catch-22 situation for both issuers and investors:
SEC’s Come In and Register Approach
The Securities and Exchange Commission (SEC) encourages crypto companies to register their tokens as securities. However, registering with the SEC would not guarantee access to established exchanges and broker-dealers, as very few are currently approved to handle crypto assets.
Limited Access and Inactivity
The Financial Industry Regulatory Authority (FINRA), responsible for overseeing broker-dealers, has approved only a handful of institutions to work with crypto tokens. Even among these, only one remains inactive; this hinders practical trading opportunities.
Impasse in Registration
As a result of limited access to registered exchanges, crypto issuers are hesitant to register their tokens. Conversely, exchanges are reluctant to work with crypto until more tokens are registered, thereby creating an impasse.
This lack of clarity hinders innovation and discourages potential investors from entering the market.
Fintech Struggles in a Banking-Centric System
The situation for fintech companies that are offering innovative financial services through technology presents another set of challenges:
- Reliance on banking partnerships– Due to the absence of a specific federal licensing framework, fintech firms must partner with banks (through Banking-as-a-Service) to access the traditional financial system and offer services like debit cards, loans, and payments.
- Regulatory pressure on banks- The Office of the Comptroller of the Currency (OCC), the national banking regulator, has become increasingly cautious about BaaS arrangements. This makes it more difficult and expensive for banks to maintain partnerships with fintech companies.
- Lack of alternative access- Federal regulators remain hesitant to create a licensing regime for independent fintech companies or allow them direct access to the payments system through Fed master accounts.
This combination of factors forces many fintech companies to either reduce their operations or partner with risk-averse banks, deterring their growth and innovation potential.
Calls for Clear and Sensible Regulations
Experts like SEC Commissioner Hester Peirce, known as Crypto Mom for her pro-innovation stance, stress on the need for clear and comprehensive regulatory frameworks. These frameworks should:
- Provide a clear and predictable regulatory environment that encourages responsible innovation in both the crypto and fintech sectors.
- Establish clear definitions and classifications for crypto assets, enabling both businesses and investors to navigate the market with confidence.
- Ensure that the US remains a leader in financial innovation by creating a regulatory environment that is conducive to growth and development.
However, addressing these challenges requires action from various stakeholders:
- Congress- Ratifying tailored federal licensing and regulatory frameworks for crypto and fintech is vital for innovation and maintaining the competitiveness of the US financial market.
- Regulators– Striking a balance between protecting consumers and encouraging innovation through clear and consistent regulations is essential.
- Industry players– Crypto companies and fintech firms should actively engage with regulators to shape future regulations that benefit both customers and the industry as a whole.
Resolving the current regulatory uncertainties surrounding crypto and fintech is essential for creating a sustainable and thriving financial ecosystem in the country so that it can maintain its position at the forefront of the changing financial landscape.