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Today: Jul 27, 2024

Crypto, Non-Banks and Oversight: The Earcatching Sounds of Hearing

1 min read

TLDR: A congressional hearing held on January 10, 2024, addressed the regulatory framework for emerging technologies and digital startups. The hearing focused on the risks posed by nonbank financial institutions and cryptocurrency assets to the U.S. financial system and discussed the ways in which these entities should be regulated and overseen. The Financial Stability Oversight Council (FSOC), established through the Dodd-Frank Act, has been working to develop risk assessment priorities and recently approved a new analytic framework. The witness list for the hearing included lawyers, business organization members, and FinTech investors, who provided testimony on their concerns and positions regarding regulatory oversight.

Some of the key points made during the hearing include:

  • The FSOC’s approach to nonbank SIFI designation has been controversial and has evolved over the years
  • The November changes to the designation threshold have made it easier for the FSOC to designate companies as nonbank SIFIs, which could impact the competitive landscape and create market distortions
  • The designation of nonbank SIFIs should not be seen as an early warning sign of financial weakness or potential distress
  • Policy uncertainty created by the politicization of the FSOC discourages private sector investment and innovation
  • Government and state actors should also be analyzed for risks, not just the private sector

The hearing provided valuable insights into the concerns and perspectives of various stakeholders regarding the regulatory oversight of nonbank financial institutions and cryptocurrency assets. The testimonies highlighted the need for a balanced and effective regulatory framework that promotes innovation while ensuring the stability of the financial system.