SEC Warning: Crypto Vaults and Onchain Lending Could Be Classified as Securities
SEC Commissioner Hester Peirce has issued a critical warning to the DeFi ecosystem, stating that crypto vaults and onchain lending products may fall under US securities laws. The warning targets protocols utilizing discretionary decision-making to manage assets, potentially reclassifying active asset management tools as regulated securities offerings.
This development highlights the growing regulatory scrutiny over decentralized governance and the necessity of compliance for yield-generating protocols. If asset allocation and liquidation thresholds are deemed to involve active management, developers and operators may face stringent investment adviser requirements, significantly impacting the operational landscape of onchain finance.
She noted that some vaults could be treated as securities offerings or investment companies, while parties managing vault allocations or lending parameters could also trigger investment adviser requirements.
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