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SEC, CFTC agree to end ‘duplicative’ enforcement actions

SEC and CFTC vow new era of cooperation to end duplicative enforcement actions.

  • SEC Chair Paul Atkins announced renewed coordination with the CFTC to end “duplicative enforcement actions” in a Tuesday speech.
  • The cooperation comes as U.S. lawmakers debate the CLARITY Act, which would grant the CFTC more crypto oversight authority.
  • Both the SEC and CFTC are operating with leadership vacancies, as President Trump has not nominated additional commissioners.

SEC Chair Paul Atkins declared a new era of regulatory harmony is beginning in a Tuesday speech at the FIA Global Cleared Markets Conference in Florida. He stated the SEC and CFTC were negotiating an updated memorandum of understanding to foster “coordination and collaboration,” particularly on enforcement matters.

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Atkins said the period of conflicting regulatory actions is over, noting “the regrettable era of duplicative enforcement actions and conflicting remedial obligations for the same conduct is over.” He emphasized that fragmented enforcement only increases market confusion instead of deterrence.

Consequently, he explained that staff from both agencies would conduct joint meetings on product applications and launched a harmonization website. Atkins argued, “Firms should not be shuffled back and forth between regulators when a product touches elements of both regulatory frameworks.”

Meanwhile, CFTC Chair Michael Selig has made similar cooperative statements. This regulatory alignment occurs as Congress deliberates the CLARITY Act, a market structure bill passed by the House in July that would expand the CFTC’s crypto authority.

However, the bill’s progress in the Senate has stalled amid debates on stablecoin yield and tokenized equities. The regulatory overlap between the agencies is pronounced for cryptocurrencies, which often defy clear classification as solely a security or commodity.

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Currently, both agencies face significant leadership vacancies. As of Tuesday, Selig is the CFTC’s sole commissioner, while Atkins leads an SEC with only three Republican commissioners. President Donald Trump has not signaled plans to nominate additional leaders for either body.

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