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Rewriting the Rules: The SEC & CFTC on Crypto, IPOs & the Future of American Markets

SEC Chair Paul Atkins and CFTC Chair Michael Selig joined the All-In Interview Program to discuss their regulatory priorities for reshaping American capital markets. Atkins, in his third tour of duty since the 1990s, brings decades of experience from corporate finance work in New York City. Selig, formerly in private...

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All-In Podcast episode thumbnail: Rewriting the Rules: The SEC & CFTC on Crypto, IPOs & the Future of American Markets
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Key Takeaways
  1. 01

    SEC Chair Paul Atkins plans to 'make IPOs great again' by reducing compliance costs, litigation risks, and weaponized corporate governance

  2. 02

    Half the number of public companies exist today versus 30 years ago, with returns now favoring private market insiders over public investors

  3. 03

    CFTC Chair Michael Selig aims to end 'regulation by enforcement' and create purpose-fit rules for crypto, AI, and blockchain technologies

  4. 04

    Both agencies are developing a memorandum of understanding to eliminate the 'no man's land' between SEC and CFTC jurisdictions

  5. 05

    Quarterly reporting may shift to semi-annual or annual cadence following President Trump's directive to reduce short-termism

  6. 06

    Accredited investor definitions will be reformed to include knowledge-based tests, not just wealth requirements

  7. 07

    Prediction markets face insider trading enforcement - 'insider trading is still illegal here in the U.S.' - Selig

  8. 08

    45% of young men aged 18-30 report gambling problems, requiring education and platform-level protections

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SEC Chair Paul Atkins and CFTC Chair Michael Selig joined the All-In Interview Program to discuss their regulatory priorities for reshaping American capital markets. Atkins, in his third tour of duty since the 1990s, brings decades of experience from corporate finance work in New York City. Selig, formerly in private practice, witnessed clients face 'regulation by enforcement' under the previous administration.

The conversation covered the dramatic transformation of capital markets over the past 40 years, from the era when Microsoft and Apple went public as young companies to today's mature IPO landscape. Both chairs outlined ambitious agendas to reduce regulatory friction, harmonize agency coordination, and accommodate emerging technologies like blockchain, AI, and tokenization.

Key topics included making IPOs attractive again, reforming accredited investor rules, managing systemic risks in 24/7 digital markets, and balancing innovation with investor protection. The discussion also addressed prediction markets, quarterly reporting cadence, and the challenges of regulating crypto assets while preventing another FTX-style collapse.

The Great IPO Decline: From Public Formation to Private Monetization

Apple and Microsoft went public with 1,200 employees each and $400 million in today's revenue, representing true capital formation rather than liquidity events for insiders

Today's markets have 'half the number of public companies as we had 30 years ago' with returns 'completely reversed' to favor private equity and venture capital over public investors - Atkins

Three key IPO inhibitions identified: compliance costs, litigation threats from 'vexatious litigation with every dip in the stocks,' and weaponized corporate governance around shareholder proposals

Regulatory Harmonization: Ending the Turf Wars

The SEC and CFTC historically operated as 'two fortresses with no man's land in between' where 'the bodies of would-be products' were killed by regulatory crossfire - Atkins

A memorandum of understanding is being developed to enable information sharing, coordinate policy, and eliminate duplicative regulatory frameworks for cross-jurisdictional products

Selig's vision includes 'substituted compliance regimes' with primary regulators and a future 'super app approach' for seamless dual registration

Crypto Regulation: Separating Capital Raising from Utility Tokens

The fundamental distinction: 'We have to separate the capital raising activity and selling something for the purpose of raising capital' from actual utility tokens that are 'just goods' - Selig

Tokenized securities remain under SEC jurisdiction while digital commodities, tools, and collectibles fall under CFTC oversight with more appropriate rulebooks

FTX's LedgerX division, supervised by CFTC with segregated accounts, 'didn't implode with the rest of it' and 'no customers lost any money' - Atkins

Prediction Markets: Policing Insider Trading in New Territories

Contracts cannot be listed if they're 'readily susceptible to insider trading, manipulation, fraud' with exchanges as first line of defense through self-certification

Recent enforcement includes Kalshi actions against Mr. Beast employee who insider traded on YouTube video launch information, demonstrating 'insider trading is still illegal here in the U.S.' - Selig

Markets serve as 'truth machines' that 'increased turnout' and proved accurate when 'fake polls were put out right ahead of the election'

Accredited Investor Reform: From Wealth to Knowledge

Current rules create absurd outcomes: 'Why does a finance professor who makes $100,000 and lives in an apartment' lack access while 'an heiress who just came into $10 million' qualifies - Atkins

The 1940 Investment Advisors Act includes 'knowledge' in its definition, supporting driver's license-style tests or recognition of CPA, CFA credentials

Proposed reforms include income-based caps: '10% of whatever your last two years' average income was, or no more than 5% or 10% of your net worth'

Quarterly Reporting: Rethinking Short-Termism

Historical context: SEC started with annual reports in 1934, moved to semi-annual in 1955, and quarterly only in 1970, while UK returned to semi-annual in 2014

President Trump's directive to consider semi-annual or annual reporting is driving proposed rulemaking to reduce compliance burden and short-term focus

Barry Diller's approach of releasing monthly accounting numbers demonstrates how technology enables real-time financial transparency beyond traditional cadences

Systemic Risks: AI Trading and 24/7 Markets

Automated agent-based hedge funds are 'replacing a Citadel, replacing a Millennium' with democratic but potentially risky autonomous capital deployment

Regulators must 'study them and make sure that we understand the risks' while developing 'guardrails' for autonomous agents without blocking innovation - Selig

T0 settlement through distributed ledger technology promises 'immediate delivery versus payment' but may require 'speed bumps to prevent fraud'

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