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Hester Pierce strikes back against SEC crypto warning to accountants

Hester Pierce, commissioner of the United States Securities and Exchange argued that full transparency should not come at the cost of compromising good-faith efforts.

Hester Pierce, commissioner of the United States Securities and Exchange (SEC), has raised concerns about the watchdog's recent statement advising accounting firms against taking on non-audit work for crypto clients.

In a July 28 tweet, Pierce questioned the recent statement made by the SEC's chief accountant, Paul Munter, warning accounting firms against engaging in assurance work for crypto platforms outside the scope of a full financial audit. She suggested that this approach to improve transparency might actually lead to hindering sincere efforts from crypto platforms.

“Why would we want to discourage good-faith efforts to provide more transparency?” Pierce stated.

Munter stated that such practise might result in crypto firms selectively choosing only certain aspects of the business to show accounting firms and then presenting that information as a full audit to clients. He believes that work beyond a full audit's scope will lack transparency for investors.

"Non-audit arrangements are neither as rigorous nor as comprehensive as a financial statement audit, and may not provide any reasonable assurance to investors" Munter stated

According to Munter, if an accounting firm discovers that a client is making misleading statements about its non-audit work to the public, it should take a firm stance and treat it seriously. He noted:

“As best practise, the accounting firm should consider making a noisy withdrawal, disassociating itself from the client, including by way of its own public statements, or, if that is not sufficient, informing the Commission."

Related: SEC appeal could amplify Ripple win, says Ripple Labs legal chief

Mike Shaub, an auditing and accounting ethics professor at Texas A & M university, commented on the statement in a July 29 tweet, stating that auditors are bound by confidentiality, which makes it difficult to make public statements like Munter suggested.

Shaub also highlighted the issue of some accounting firms aligning themselves with cryptocurrency expertise to boost their reputation but become unresponsive when problems surface.

Magazine: SEC reviews Ripple ruling, US bill seeks control over DeFi, and more: Hodler’s Digest, July 16-22

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Top US Regulatory Agencies Seek To Mandate New Crypto Disclosure Guidelines for Private Funds

Top US Regulatory Agencies Seek To Mandate New Crypto Disclosure Guidelines for Private Funds

Two prominent US regulators are looking to add beefed-up crypto disclosure guidelines for private hedge funds. According to a recent press release, the US Securities and Exchange Commission (SEC), in conjunction with the Commodity Futures Trading Commission (CTFC), is proposing enhanced reporting rules for large private funds. The updated regulations would require funds to provide […]

The post Top US Regulatory Agencies Seek To Mandate New Crypto Disclosure Guidelines for Private Funds appeared first on The Daily Hodl.

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Crypto Mom: True decentralization is the only thing that will save DeFi projects

SEC Commissioner Pierce believes that DeFi founders’ only hope to bypass financial regulation is to ensure full decentralization from launch.

Hester Pierce of the U.S. Securities and Exchange Commission — colloquially known as 'Crypto Mom,' has warned of rampant “shadow-centralization” within the decentralized finance (DeFi) sector.

Speaking to outspoken DeFiWatch founder Chris Blec in an August 4 discussion streamed by The Defiant, the SEC commissioner noted that decentralized organizations and DeFi are new concepts for regulators and that: “having a peer-to-peer system that doesn’t have central intermediaries is very different from what we’re normally dealing with.”

“If you want to be decentralized, you really need to be decentralized, and that is going to then put you in a different category from the perspective of regulators because that’s just not something that we’ve dealt with before.”

“If regulators can find a centralized part or group of people that they can grab hold of, they will grab hold of them. So I think it’s just good to be cautious about how you build things because, down the road, it could have regulatory implications,” she added.

Blec asked for Pierce’s opinion on the best route for developing decentralized protocols, asking if founders should strive to reach the same level of decentralization as Bitcoin, or start to build “really cautiously and then running towards regulation” to avoid running afoul of the law.

The commissioner said that existing regulations have been designed so that “any entity or person that is involved in the financial industry is probably going to come under at least one regulatory framework.”

Pierce urged DeFi founders who believe they are engaged in new activities that do not fall under the framework of existing legislation to engage regulators and “figure out if there’s an alternative way [...] to comply.”

“If you want to make a case that you’re something different than the CeFi or TradFi system, then you have to show that you’re doing something radically different, which from my perspective, requires decentralization.”

“If the trust is really coming from the code, that’s something very different than if the trust is coming from one company or a group of people,” she added.

The commissioner also noted the prevalence of “shadow-centralization” within the DeFi sector, where opaque governance structures can lead to a protocol being subject to centralized control despite wearing the banner of decentralization in its marketing.

Related: SEC has no authority over crypto, CFTC commissioner argues

However, Pierce urged regulators to adapt to decentralized innovation, stating: “regulators need to do a better job of figuring out how to work with innovators.”

“That’s part of the reason our financial system is so concentrated,” she continued. “Because the only people who can afford to wait to get the approvals are people who have a lot of money already and who can have really good lawyers already.”

On the question of what Satoshi Nakamoto’s experience would look like should they have engaged the SEC before launching Bitcoin, Pierce stated:

“It’s 2021, it would be very likely that Satoshi would still be [...] trying to get a no-action letter.”

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