The US Securities and Exchange Commission and the US Trade Commission CFTC are asking for feedback on a new draft regulation aimed at requiring investment advisors of certain hedge funds to disclose their investments in cryptocurrencies.
As stated in the joint draft regulation , the SEC and CFTC are now opening a 40-day feedback period for changes and enhancements to the proposal. Accordingly, certain investment advisors of private funds with a size of at least $500 million would have to disclose their crypto investments separately instead of being allowed to continue to list them under "cash and cash equivalents".
So now until October 11th, the public has time to provide feedback on the draft that was originally submitted on August 10th. At the time, the SEC and CFTC indicated that the regulatory change would be introduced due to increased demand in the hedge fund sector and the rise of crypto investments.
The planned changes also include a definition of “digital assets”, which could potentially result in the hedge funds concerned also having to report their profits from cryptocurrencies. In this context, the authorities are also asking for feedback on whether the word “crypto assets” should be used instead of “digital assets” for the legal definition.
So it says:
“We see the two terms as synonymous. However, we suggest that the definition should be consistent with the SEC's most recent statements regarding digital assets, which is why we prefer this term and allow the definition to more accurately express what type of asset we mean.”
Overall, the authorities want their draft to work towards requiring large private hedge funds to provide more accurate information about their composition and to identify any risks to financial stability that may be associated with this.
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