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We’ve engaged with CBN on cryptocurrencies: Securities and Exchange Commission

“To ensure that appropriate and adequate mitigants are put in place, should such securities be allowed in the future,” it said.

• February 12, 2021
CBN Governor Godwin Emefiele
EX CBN Governor Godwin Emefiele

The Securities and Exchange Commission says it will put on hold, admittance into its Regulatory Incubation Framework for fintech firms, all persons affected by the Central Bank of Nigeria’s cryptocurrencies circular.

The commission disclosed this in a statement on Thursday.

It said the assessment of all persons and products affected by the CBN circular of February 5 would be on hold until such persons would be able to operate bank accounts within the Nigerian banking system.

“For the purpose of admittance into the SEC Regulatory Incubation Framework, assessment of all persons (and products) affected by the CBN circular of February 5, is hereby put on hold until such persons are able to operate bank accounts within the Nigerian banking system,” it said.

However, the commission pointed out that the planned implementation of the SEC Regulatory Incubation Guidelines for fintech firms intending to introduce innovative models for offering capital market products and services would continue.

The commission assured the investing public that it would continue to monitor developments in the digital asset space to promote economic development.

“The commission will continue to monitor developments in the digital asset space and further engage all critical stakeholders with a view to creating a regulatory structure that enhances economic development while promoting a safe, innovative and transparent capital.

“SEC has received several comments and inquiries from the public on a perceived policy conflict between the SEC statement on Digital Assets and their Classification and Treatment of September 11, 2020, and the CBN circular of February 5.

“We see no such contradictions or inconsistencies. In recognition of the fact that digital assets may have the full characteristics of investments as defined in the Investments and Securities Act, 2007, the SEC statement asserts that trading in such assets falls under SEC’s regulatory purview, except proven otherwise,” it said.

The commission said the statement’s primary objective was not to hinder or stifle innovation but to establish standards of ethical practices that would ultimately make for a fair and efficient securities market.

“The SEC made its statement at the time to provide regulatory certainty within the digital asset space due to the growing volume of reported flows.

“Subsequently, in its capacity as the regulator of the banking system, the CBN identified certain risks, which if allowed to persist, will threaten investor protection, a key mandate of the SEC, as well as financial system stability, a key mandate of the CBN,” it added.

SEC said it had engaged the CBN and would continue to work with it to understand the identified risks.

“In light of these facts, we have engaged with the CBN and agreed to work together to further analyse and better understand the identified risks to ensure that appropriate and adequate mitigants are put in place, should such securities be allowed in the future,” it said.

(NAN)

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