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Partner at Elliott Kwok Levine Jaroslaw Neils LLP (he/him)

NYDFS SUPERINTENDENT HARRIS EXPRESSES CONCERN OVER 2024 FSOC REPORT REGARDING STABLECOIN REGULATION •   In a statement today, Superintendent Harris said: “I must note that this year’s Report amends the Council’s previous recommendation, and now focuses exclusively on the federal role for comprehensive stablecoin regulation. We share the goal of establishing a national framework to protect consumers across the country, but there is an important role for states to play in the regulation of innovative financial services.” •   Harris continued: “Any legislation should take advantage of state and federal expertise, and the states look forward to continuing to work with Congress as they develop a strong regulatory floor at the federal level.” •   Harris was clearly concerned with this statement from the FSOC Report: “While a stablecoin issuer may be licensed in the United States at the state level as a money service business or trust company, in many cases, no single regulator has visibility across all of an issuer’s affiliates. Regulatory arbitrage may have a wide range of financial stability implications if an issuer can operate in a manner that prevents regulators from assessing the totality of an issuer’s risks. . . . [T]he Council recommends that Congress pass legislation that would create a comprehensive federal prudential framework for stablecoin issuers. Such legislation should address run risk, payment system risks, market integrity, and investor and consumer protections, including for entities that perform services critical to the functioning of the stablecoin arrangement” The Superintendent’s statement may be found here: https://lnkd.in/g8uSyqCq The FSOC Report may be found here: https://lnkd.in/g2wFzZek For more on NYDFS, see “The Blog About NYDFS”: https://lnkd.in/ehgw4x5s

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