U.S. Securities and Exchange Commission chair Paul Atkins has formally withdrawn several cryptocurrency-focused rule proposals initiated under former chair Gary Gensler, representing a decisive shift in regulatory strategy.
At the centre of the SEC’s action are two major proposals: amendments to Exchange Act Rule 3b‑16, which sought to classify decentralized finance protocols as securities exchanges, and the implementation of enhanced custody requirements under the Investment Advisers Act for client crypto assets. The withdrawal, confirmed on 13 June 2025, reflects a broader deregulatory drive under the current administration.
Rule 3b‑16 had been poised to expand the SEC’s definition of “exchange” to include systems bringing together buyers and sellers of securities via smart contracts and other DeFi mechanisms. The proposal would have subjected many decentralised platforms to full regulatory oversight, unsettling industry participants and drawing criticism from blockchain developers and legal experts. Many in the crypto sector argued the move would permanently conflate DeFi infrastructure with traditional securities exchanges, hampering innovation.
The custody rule aimed to require investment advisers to deposit all client crypto assets with “qualified custodians” such as banks or registered broker‑dealers. That would have effectively sidelined many crypto-native custodians that don’t meet these standards. Proponents cited the need for robust safeguards, while opponents warned the rule would force clients into a narrow pool of custodians and increase costs.
The SEC’s withdrawal announcement emphasised that it will not pursue finalisation of these proposals and may “consider new rulemaking in the future.” The reversals are part of a broader retreat from Gensler-era initiatives, including planned ESG reporting mandates and cybersecurity obligations. Acting chair Mark Uyeda had suspended both the DeFi exchange and custody rules in March, and this withdrawal gives that decision official effect.
Market reaction was swift. Coinbase’s chief legal officer, Paul Grewal, declared on X that the agency had scrapped “3b16, qualified custodian, and all other unfinished Gensler rule proposals.” Crypto platforms welcomed the rollback, viewing it as a reaffirmation of self‑custody and decentralised financial innovation.
Institutional stakeholders also voiced support. Brian Laverdure, Senior VP of Digital Assets and Innovation Policy at ICBA, noted the agency’s publication had “withdraws several NPRMs” including definition of “exchange” changes and safeguarding rules, sending confidence ripples through community banks and investment advisers.
The shift in posture follows President Donald Trump’s commitment to reducing regulatory burdens on markets. In tandem, SEC staff and FINRA dismantled a long-standing 2019 joint statement on broker‑dealer custody of digital asset securities on 15 May, paving the way for regulated intermediaries to offer crypto custody services under established rules.
The SEC’s deregulatory drive is echoed in recent comments from Uyeda, who in March announced the agency might scrap or significantly amend crypto custody rules introduced during the previous administration. He emphasised a pivot towards “effective and cost‑efficient regulations that respect the limits of our statutory authority”.
Critics caution that this pivot could expose clients to risks. While standards for DeFi governance, custodial integrity, and cybersecurity remain under voluntary frameworks, there are concerns that stripping formal oversight could open institutional and retail investors to vulnerabilities. Legal analysts predict renewed debate over the SEC’s authority to classify new financial structures as securities.
DeFi proponents, for their part, argue the withdrawal presents an opportunity. With regulatory certainty withdrawn, startups and developers may double down on innovation, integrating hybrid compliance models that rely on decentralised autonomy rather than central oversight. Meanwhile, traditional custodians and broker‑dealers are expected to enter the crypto space more aggressively, now freed from the obligation of specialist “qualified custodian” status.
Remaining questions include whether Congress will move to impose legislative frameworks on digital assets and whether the SEC will pursue fresh proposals under a different legal theory. Commissioner Hester Peirce has signalled support for further dialogue and interpretative guidance, reinforcing a more incremental, consultative regulatory model.
The SEC is now scheduled to hold stakeholder forums and public consultations in the coming months. Industry watchers are closely tracking these developments to assess whether the rollback represents a long-term deregulatory reorientation or a temporary reprieve preceding fresh oversight efforts.
Arabian Post – Crypto News Network
