Senate votes to overturn SEC rule preventing highly regulated financial firms from custodying digital assets

Source Fxstreet
  • US Senate has voted to overturn SEC ruling preventing highly regulated financial firms from holding crypto.
  • 12 Democrats joined 48 Republicans in voting to overturn SAB-121.
  • Senator Lummis says the Senate's overturning of SAB-121 is a win for financial innovation and a clear rebuke against crypto persecutors.

In a decision that received bipartisan support, the Senate aligned with the House of Representatives in voting to overturn controversial SAB-121 rule on Thursday.

Read more: US House Committee set to address regulatory issues over digital assets through review of FIT21 Act

Senate votes to repeal SAB-121

The SEC issued Staff Accounting Bulletin 121 (SAB-121) in 2022, requiring a firm that custodies crypto assets for clients to record them as liabilities on its own balance sheet. The rule was met with backlash from several crypto industry leaders, who considered it would have several implications for banks working with crypto clients.

Several lawmakers also criticized the SEC for issuing the bulletin, which the Government Accountability Office believed met the definition of a rule and, as such, is subject to the Congressional Review Act  which allows Congress to review federal rules.

As a result, in an effort largely spearheaded by Republicans and a few Democrats, Congress swung into action to repeal SAB-121 based on the CRA.

A report from the Congressional Research Service on Wednesday stated, "If the SEC were to reissue the bulletin, provided that it met the CRA's definition of rule, Congress could again use the CRA to overturn the bulletin on the basis that it was too similar to the disapproved SAB-121 (or for any other reason). Congress could also use its legislative powers in other ways, not just through the CRA, to respond to any subsequent SEC bulletin or other action."

Also read: SEC Chair “knowingly misled” Congress over Ethereum status, House's McHenry says

The House of Representatives voted last week to overturn SAB-121 in a resolution that was passed with support from 228 members as opposed to 182 members against it. However, the number of votes isn't enough to make the decision veto-proof.

Similarly, the Senate voted 60-38 on Thursday to repeal the policy. 12 Democrats, including Senate Majority Leader Chuck Schumer, joined 48 Republicans to vote against the SEC's move. However, it also fell short of the threshold to override a veto from the President.

Speaking on SEC Chair Gary Gensler's refusal to revisit SAB-121 after criticism from lawmakers, Senator Cynthia Lummis said, "Maybe it's because he's committed to an ill-informed and unworkable fight against the digital asset industry at any cost. Unfortunately, SAB-121 does nothing to protect consumers."

Read more: US Senators raise grave concerns over DOJ's policies towards cryptocurrency asset providers

She also stated in an X post:

Despite the overturn of SAB-121 seeming like a victory for the crypto industry, it is expected that US President Joe Biden would veto the decision of Congress, according to a White House statement. The statement said such a decision "could also inappropriately constrain the SEC's ability to ensure appropriate guardrails and address future issues related to crypto-assets including financial stability."

Disclaimer: For information purposes only. Past performance is not indicative of future results.
placeholder
US September PPI Preview: Will Inflation Surprise Again? US Stocks, Dollar and Gold Face Key Test On October 15, US Eastern Time, the U.S. is set to release the September Producer Price Index (PPI). The September CPI released this Wednesday was notably higher than market expectations,
Author  TradingKey
8 hours ago
On October 15, US Eastern Time, the U.S. is set to release the September Producer Price Index (PPI). The September CPI released this Wednesday was notably higher than market expectations,
placeholder
Gold Price Analysis Today | Forex Gold Analysis | XAU/USD Analysis - October 15, 2026Get the latest gold price analysis, forex gold insights, and XAU/USD analysis for October 15, 2026. Read on for the details.
Author  Mitrade
10 hours ago
Get the latest gold price analysis, forex gold insights, and XAU/USD analysis for October 15, 2026. Read on for the details.
placeholder
Gold defends $4,100 as BofA targets a break below $4,000 — why the Middle East bid is missingSpot gold flushed to $4,099.89, a whisker above October's $4,090 low, then rebounded to close at $4,138.25 (+0.82%) — even as US CPI ran hot. Bank of America sees gold below $4,000 within three months, citing shrinking demand and official-sector selling. Here are the levels, the drivers and what would flip the script.
Author  Irene Q.
10 hours ago
Spot gold flushed to $4,099.89, a whisker above October's $4,090 low, then rebounded to close at $4,138.25 (+0.82%) — even as US CPI ran hot. Bank of America sees gold below $4,000 within three months, citing shrinking demand and official-sector selling. Here are the levels, the drivers and what would flip the script.
placeholder
US September CPI recap: inflation hits 3.7% as core runs hot — is an October Fed hike back on the table?September CPI landed hot: headline 3.7% y/y, core 2.6% y/y and 0.3% m/m. October hike odds jumped from ~22% to ~37% — yet the dollar faded to 101.74, gold closed higher and the S&P 500 fell 1.11%. Here is the full repricing, the levels and what to watch next.
Author  Irene Q.
11 hours ago
September CPI landed hot: headline 3.7% y/y, core 2.6% y/y and 0.3% m/m. October hike odds jumped from ~22% to ~37% — yet the dollar faded to 101.74, gold closed higher and the S&P 500 fell 1.11%. Here is the full repricing, the levels and what to watch next.
placeholder
Today’s Market Recap: September CPI Beat Ignites Rate-Hike Concerns; U.S. Stocks Fall Broadly, Oracle Drops Over 8%, SK Hynix Slips More Than 6%On October 14, Eastern Time, U.S. September CPI data came in higher than market expectations, fueling expectations of a Fed rate hike in October and dampening mar
Author  TradingKey
15 hours ago
On October 14, Eastern Time, U.S. September CPI data came in higher than market expectations, fueling expectations of a Fed rate hike in October and dampening mar
Related Instrument
goTop
quote