Regulation· ★★★· neutral·

Ex-SEC official: Atkins' crypto plan exceeds agency's authority

  • Stark: Atkins' plan exceeds SEC authority under Securities Act Section 28 and Exchange Act Section 36
  • Criticism of the safe harbor: issuers could self-certify instruments as non-securities
  • Stark cites the major questions doctrine after the CLARITY Act failed in the Senate
  • The former official warned of a possible legal challenge to the SEC initiative
Why it matters: A legal challenge to the SEC plan creates uncertainty for tokens and tokenized assets in the US.
Source: Bitcoin.com