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SEC boss says DeFi platforms are ‘highly centralized’ and will need to register

SEC chairman Gary Gensler stated that many DeFi projects are “highly” centralized in certain aspects, as they are developed by a “core group of folks” who are incentivized to promote their platforms.

Gary Gensler, chairman of the U.S. Securities and Exchange Commission stated that DeFi is highly centralized in certain aspects and urged projects working in the sector to register with the SEC.

Speaking to The Wall Street Journal on Aug. 19, Gensler suggested that the decentralized notions implied by the term DeFi were “a bit of a misnomer,”:

“These platforms facilitate something that might be decentralized in some aspects but highly centralized in other aspects.”

While DeFi projects are designed to be autonomous platforms that operate without a centralized authority, Gensler asserted that many are developed and controlled by a centralized team who are incentivized to promote their platforms.

“There’s still a core group of folks that are not only writing the software, like the open-source software, but they often have governance and fees,” he said, “there’s some incentive structure for those promoters and sponsors in the middle of this.”

Gensler expanded on his comments in an Aug. 20 interview with Fox Business and suggested that such DeFi projects are centralized enough to fall under the scope of regulation. He urged DeFi projects to register with the SEC:

“These so-called decentralized finance platforms actually have a lot of centralization. There’s a group of entrepreneurs that are running these platforms. They should come in and to that extent work with us and get registered.”

Earlier this month, SEC commissioner Hester Peirce — colloquially known as “Crypto Mom” — echoed similar sentiments from a different angle when she warned of “shadow-centralization” within the DeFi sector.

Peirce stated that “If regulators can find a centralized part or group of people that they can grab hold of, they will grab hold of them,” as she urged for caution in how projects are built from the ground up.

“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,” she said.

Related: Crypto-friendly CFTC commissioner Brian Quintenz reportedly plans to step down

Cointelegraph reported on Aug. 3 that Gensler had identified several crypto policy changes that are being examined by the SEC, including matters concerning DeFi, lending platforms, token offerings, stablecoins, exchange-traded funds and custody.

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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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