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
China's factories are pricing in 5.7%. Its shoppers are pricing in 0.7%.China's October PPI rose 5.7% year on year, the fastest since June 2022, while CPI slowed to 0.7% and core CPI to 0.8%. Input prices rose faster than factory-gate prices, squeezing mid-stream margins by roughly five percentage points. The Hang Seng fell 0.13% on a day the S&P 500 rose 2.35%, the only major market to sit out the risk-on session.
Author  Irene Q.
Nov 10, Tue
China's October PPI rose 5.7% year on year, the fastest since June 2022, while CPI slowed to 0.7% and core CPI to 0.8%. Input prices rose faster than factory-gate prices, squeezing mid-stream margins by roughly five percentage points. The Hang Seng fell 0.13% on a day the S&P 500 rose 2.35%, the only major market to sit out the risk-on session.
placeholder
Gold Price Analysis Today | Forex Gold Analysis | XAU/USD Analysis - November 11, 2026Get the latest gold price analysis, forex gold insights, and XAU/USD analysis for November 11, 2026. Read on for the details.
Author  Mitrade
Nov 11, Wed
Get the latest gold price analysis, forex gold insights, and XAU/USD analysis for November 11, 2026. Read on for the details.
placeholder
Gold Extends Slide Below $4,000 as Rising US Inflation, Fed December Hike Bets Pressure Prices On November 12, gold prices (XAUUSD) extended their recent losses, falling further below $4,000 in early Asian trading to hit an intraday low near $3,968, marking a third consecutive day
Author  TradingKey
Yesterday 02: 00
On November 12, gold prices (XAUUSD) extended their recent losses, falling further below $4,000 in early Asian trading to hit an intraday low near $3,968, marking a third consecutive day
placeholder
Gold closed below $4,000 again — the ETF crowd and central banks stayed, the momentum money leftSpot gold is trading near $3,999, its third consecutive lower daily low, after a 5.00% 10-year yield and a 102.85 dollar index raised the odds of a December hike to 87%. But the selling is not coming from the strategic holders: managed-money net longs fell to 324 tonnes, a 21-week low, and Goldman Sachs attributes roughly 95% of five weeks of selling to non-reportable positions. ETFs still hold a record 4,256 tonnes and central banks bought 321 tonnes in Q3. The table below sets the triggers, directions and levels.
Author  Irene Q.
Yesterday 03: 20
Spot gold is trading near $3,999, its third consecutive lower daily low, after a 5.00% 10-year yield and a 102.85 dollar index raised the odds of a December hike to 87%. But the selling is not coming from the strategic holders: managed-money net longs fell to 324 tonnes, a 21-week low, and Goldman Sachs attributes roughly 95% of five weeks of selling to non-reportable positions. ETFs still hold a record 4,256 tonnes and central banks bought 321 tonnes in Q3. The table below sets the triggers, directions and levels.
placeholder
US October PPI Preview: Fed Rate Hike Expectations Rise, PPI May Be Key Variable; How Will US Stocks, Dollar, and Gold Move?On Friday (Nov. 13) Eastern Time, the U.S. will release the October Producer Price Index (PPI). Following the October CPI once again exceeding expectations, the market will look to the PP
Author  TradingKey
Yesterday 08: 36
On Friday (Nov. 13) Eastern Time, the U.S. will release the October Producer Price Index (PPI). Following the October CPI once again exceeding expectations, the market will look to the PP
Related Instrument
goTop
quote