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House Fails to Stop SEC’s Accounting Rule SAB 121

Crypto Regulation | Jul 12, 2024

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US House Fails to Override Biden's Veto on SEC's Controversial Staff Accounting Bulletin 21 (SAB 21)

Recently, a bill to override President Joe Biden's veto of the controversial SEC Staff Accounting Bulletin No. 121 (SAB 121) was not successfully passed by the U.S. House of Representatives. According to SAB 21, businesses that hold digital assets on behalf of clients are required to list those assets on their balance sheets as liabilities.

See:  SEC Intensifies Accounting Audits in 2023

The override attempt failed to garner the two-thirds majority required to overcome the presidential veto, even though it was approved by both the House and the Senate with support from both parties.

Background on SAB 121 and Bill to Overturn It

SAB 121, which the SEC released in March 2022, has caused controversy in the cryptocurrency and banking worlds. Through correct accounting for digital assets, the guideline seeks to protect investors and enhance transparency by possibly reducing the risks associated with their volatility. However, opponents contend that this regulation places excessive constraints on companies and may inhibit innovation in the quickly developing crypto markets.

Representative John James (R-MI) proposed the bill to repeal SAB 121, and it received a lot of support, indicating that lawmakers were generally skeptical of the SEC's strategy. The bill's supporters argued that the SEC's guidelines were unduly burdensome and detrimental to companies, particularly those that dealt with digital assets. There was significant bipartisan opposition to the SEC's mandate, as seen by the House's 228–182 vote and the Senate's 60–38 vote.

Biden's Veto and Its Implications

President Biden vetoed the bill emphasizing how crucial it is to uphold strict regulatory standards in order to safeguard investors and consumers. Biden claimed that repealing SAB 121 would weaken the SEC's power and its capacity to impose important financial reporting standards in his veto statement.

See:  Canada to Enforce Cryptoasset Reporting by 2027

The House attempted to override the veto after it was issued, but was unsuccessful with a vote of 214–191, falling short of the necessary two-thirds majority. Due to this result, SAB 121 is still in force and will continue to have an impact on how businesses declare their digital assets.

Outlook

More legislative and regulatory hurdles are expected as the sector develops. It will be up to policymakers to strike a balance between protecting investors and maintaining market stability while promoting innovation.


NCFA Jan 2018 resize - House Fails to Stop SEC's Accounting Rule SAB 121The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org

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