The U.S. Securities and Exchange Commission (SEC) has introduced a pivotal adjustment in how banks and brokerage firms report their customers’ crypto assets. This initiative permits these institutions to exclude crypto assets from their balance sheets if they can manage associated risks effectively. The decision follows pressure from the industry and unsuccessful attempts to challenge the SEC’s two-year guidance in Congress. The timing hints at a possibly forthcoming crypto-friendly stance in the U.S. administration.

Impact of SAB 121 on Crypto Reporting

Despite the SEC issuing Staff Accounting Bulletin No. 121 (SAB 121) in March 2022, which required companies to treat crypto assets as long-term intangible assets subject to regular impairment checks, the recent guidance provides a bypass for certain financial entities. Institutions that ensure adequate customer asset protection in the event of bankruptcy or failure can now avoid these stringent requirements.

This regulatory shift is significant for the crypto sector. Previous rules demanded that banks list cryptocurrencies as intangible fixed assets, leading to larger balance sheets and higher capital requirements. These barriers often deterred institutions from engaging in the crypto market. The new SEC stance may encourage more companies to offer crypto services, reducing the accounting and capital challenges they previously faced.

How Did Legislative Efforts Influence the SEC’s Decision?

Attempts to overturn SAB 121 saw mixed results. While both the House of Representatives and the Senate voted for its repeal, President Biden vetoed the motion. Despite this, the SEC continued to collaborate with the industry to refine its guidelines, showing a flexible approach to changing market conditions and industry feedback.

Industry response varied. Fox’s Eleanor Terrett questioned whether this shift signaled the SEC’s recognition of the need to ease SAB 121 requirements for banks and brokerage firms. She also suggested it might be a reaction to Congressional pressure for regulatory changes. Initially, SAB 121 aimed to inform investors about the technological and legal risks associated with cryptocurrencies, particularly after the collapse of FTX.