Stablecoin

2024

The U.S. Securities and Exchange Commission (SEC) has issued a warning to the bankrupt crypto exchange FTX regarding its proposed repayment plan for creditors in a&nbsp;<a style="text-decoration:none" href="https://restructuring.ra.kroll.com/FTX/Home-DownloadPDF?id1=MzE5OTE2Mw==&amp;id2=-1" rel="noopener noreferrer nofollow">recent filing</a>.
The SEC's latest filing suggests it may challenge FTX's plan if stablecoins or other cryptocurrencies are used for repayments.
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 “The SEC is not opining on the legality, under the federal securities laws, of the transactions outlined in the Plan and reserves its rights to challenge transactions involving crypto assets,” the regulator stated.
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<h2 dir="ltr" id="span-span-ftx-s-restructuring-plan-and-its-challenges-span-span">FTX's Restructuring Plan and Its Challenges</h2>
FTX filed for bankruptcy in November 2022, facing an $8 billion deficit. Despite the uncertain future, the exchange's bankruptcy administrators discovered substantial digital assets, leading to a proposed restructuring plan.
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This plan aims to repay creditors up to&nbsp;<a style="text-decoration:none" href="https://bsc.news/post/ftx-creditors-to-receive-118-payout-in-new-recovery-plan" rel="noopener noreferrer nofollow">118 percent</a> of their claims in cash. However, only those with claims of $50,000 or less are eligible, which covers 98 percent of all creditors.
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As part of the settlement, FTX had planned to repay creditors either in cash or USD-pegged stablecoins. Some creditors have requested payments in crypto, similar to arrangements made by other bankrupt crypto firms.&nbsp;
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However, the SEC's recent filing reveals that the regulator has concerns about this approach. It highlights a lack of clarity regarding who would manage the distribution of stablecoins and questions the regulatory implications of such payments.
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Even though the SEC does not outright oppose stablecoin payments, it points out that clear guidelines and regulatory compliance are necessary.
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Alongside the SEC, the U.S. Trustee has also&nbsp;<a style="text-decoration:none" href="https://www.wsj.com/articles/ftx-says-creditors-overwhelmingly-back-reorganization-plan-627fb1f2" rel="noopener noreferrer nofollow">objected</a> to the bankruptcy plan, particularly criticizing a provision that would shield FTX debtors from future legal actions. The Trustee has urged the court to reject the plan unless it explicitly removes this discharge provision.
<h2 dir="ltr" id="span-span-reactions-from-the-crypto-community-span-span">Reactions from the Crypto Community</h2>
The SEC's stance has drawn criticism from various quarters, including from Paul Grewal, Chief Legal Officer at Coinbase.&nbsp;
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Grewal has expressed frustration with the SEC’s approach, arguing that the agency’s reluctance to provide clear guidance on the legality of crypto transactions is unhelpful.&nbsp;
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 The SEC didn't outright state that such an action would be illegal, writing, "The SEC is not opining as to the legality, under the federal securities laws, of the transactions outlined in the Plan," but notes that the agency, "...reserves its rights to challenge transactions… <a href="https://t.co/zAMqY7mTcd" rel="noopener noreferrer nofollow">https://t.co/zAMqY7mTcd</a>— paulgrewal.eth (@iampaulgrewal) <a href="https://twitter.com/iampaulgrewal/status/1830383985249399093?ref_src=twsrc%5Etfw" rel="noopener noreferrer nofollow">September 1, 2024</a>
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He contends that investors and market participants deserve better clarity and more constructive regulatory engagement.

FTX Bankruptcy Plan Faces Scrutiny as SEC Questions Stablecoin Payments

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