“The primary purpose of this review is to identify those statements that need to be modified or rescinded to align with the agency’s current mission,” Ueda said.
The order was issued in compliance with Executive Order 14192, titled “Unlocking Prosperity Through Deregulation,” and is consistent with recommendations from the Department of Government Efficiency (DOGE).
According to the SEC’s announcement, several key documents and communications will be under review:
• Guidance issued in 2019 regarding the application of the Howey Test to digital assets.
• The agency’s response to the 2020 Wyoming decision to allow state trust companies to act as custodians of digital assets.
• A February 2021 warning that addressed the “unique risks” associated with trading digital assets.
• A 2021 communication in which the SEC expressed concerns about investing in mutual funds related to bitcoin futures.
• A 2022 communication requiring companies to provide transparent information about cryptocurrency risks.
Additionally, Mark Ueda recommended that his colleagues review the SEC’s official communications on the impact of COVID-19 and related consequences on financial markets.
The SEC’s Division of Corporate Finance previously noted that certain characteristics of stablecoins may disqualify them from being classified as securities.