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The U.S. Securities and Exchange Commission clarified that rule 15c2-11 applies only to stocks, and not to other asset classes.
This latest clarification strengthens the over-the-counter (OTC) trading market and ensures that brokers thoroughly review information before trading.
The U.S. Securities and Exchange Commission is proposing amendments to Rule 15c2-11 of the Exchanges Act, stating that the rule applies only to corporate stocks. This measure provides guidance for over-the-counter stock trading, potentially ending the debate over whether the rules apply to other asset classes such as cryptocurrency-related products.
According to the official statement issued on March 16, the primary focus of Rule 15c2-11 is to prevent certain manipulative and fraudulent trading practices in over-the-counter (OTC) stock markets. Going forward, the rule will be limited to company stocks only and will establish specific compliance requirements, requiring brokerage firms to gather and review key details before listing or managing a securities market in an OTC market.
Hester Pierce supports clarifying the rule.
Furthermore, Commissioner Hester M. Peirce stated her support for the SEC's proposed rule amendment. Peirce noted that the 2020 amendments raised questions about the rule's applicability and argued that the SEC had provided temporary guidance and relief for fixed-income securities.
Pierce acknowledged her role in not clarifying the scope of the rule earlier, saying: “I still blame myself for not ensuring that the scope of the rule’s application was clearly clarified when the 15c2-11 rule amendments were adopted.”
Pierce also encouraged the public to submit comments on the proposed amendments to Rule 15c2-11, with the comment period remaining open for 60 days, to clarify its scope across different markets. She expressed particular interest in how securities would be defined, how the rule would apply to crypto assets, and the procedures for establishing specialized markets.
Clarity of laws and regulations relating to digital currencies
These changes make it clear that the rule applies only to stocks, not other asset classes, as it was previously unclear whether it applied to cryptocurrencies. Consequently, some brokers were confused and stopped trading cryptocurrencies, deeming it legally risky.
Then, two weeks ago, the U.S. Securities and Exchange Commission (SEC) introduced a new framework focused on developing a token classification system—a system for classifying cryptocurrencies and determining which ones fall under the category of securities under SEC regulations and which may be treated differently—with the aim of providing clearer guidance to companies operating in the cryptocurrency sector.
