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Stock lending (for short selling) is not considered a security, it is considered lending. Most cryptocurrencies aren't even considered securities by the SEC...o
by darksaints 5y ago
Stock lending (for short selling) is not considered a security, it is considered lending. Most cryptocurrencies aren't even considered securities by the SEC...only a handful of tokens. It would be reasonable to expect a similar treatment here.
- onlyrealcuzzo 5y agoStock lending for short selling is regulated by FINRA. https://www.finra.org/filing-reporting/regulatory-filing-systems/short-interest#:~:text=FINRA%20requires%20firms%20to%20report,settlement%20date%20designated%20by%20FINRA https://www.finra.org/filing-reporting/regulatory-filing-sys....
- darksaints 5y agoExactly. The same goes for margin accounts. I can see both the FDIC and FINRA having a claim to regulate these crypto lending accounts...the SEC is the last that I would expect to do so. The fact that they're trying to classify something that can't even be traded as a security is mind boggling.
- JumpCrisscross 5y ago> I can see both the FDIC and FINRA having a claim to regulate these crypto lending accounts...the SEC is the last that I would expect to do so FINRA is entirely subservient to the SEC.
- darksaints 5y agoWhat does that even mean? FINRA has its own turf that the SEC can't touch, and the courts have been very clear about that.
- JumpCrisscross 5y ago> FINR has its own turf that the SEC can't touch You’re thinking of something else. FINRA is a non-profit self-regulating organisation. It has no power over anyone who doesn’t voluntarily submit to its rules. It is not a part of the government. The SEC was created by the Securities Exchange Act of 1934. It regulates FINRA [1]. The regulator the SEC has constant turf battles with is the CFTC [2]. [1] https://en.m.wikipedia.org/wiki/Financial_Industry_Regulatory_Authority https://en.m.wikipedia.org/wiki/Financial_Industry_Regulator... [2] https://www.cftc.gov/sites/default/files/idc/groups/public/@newsroom/documents/file/cftc-sec-mou030608.pdf https://www.cftc.gov/sites/default/files/idc/groups/public/@...
- darksaints 5y ago> You’re thinking of something else. FINRA is a non-profit self-regulating organisation. It has no power over anyone who doesn’t voluntarily submit to its rules. It is not a part of the government. Financial industry participants are required by the SEC to submit to its rules and regulatory authority. You literally cannot create a financial institution without being forced to submit to FINRA.
- JumpCrisscross 5y ago> You literally cannot create a financial institution without being forced to submit to FINRA Yes, you can. To trade securities you have to be a member of an SRO, of which FINRA is one and the largest. (MSRB is another. Before 2007 there were non-NASD NYSE members. And if you're starting a bank or a hedge fund or a VC firm, FINRA has nothing to do with you.) Going back to the original assertion: yes, FINRA was created by and is subservient to the SEC. If FINRA has proper jurisdiction, the SEC certainly does.