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first_img BPI questions MSCI's non-operating company rules, Strategy and Metaplanet may be removed from the index

According to Cointelegraph, the Bitcoin Policy Institute (BPI) released a research report questioning the process by which MSCI established its latest index rules. MSCI had previously listed companies such as Strategy and Metaplanet as potential "non-operating companies," which could lead to their removal from the index.MSCI first proposed excluding digital asset treasury companies from global indices in 2025, but after facing opposition, it shelved the plan in January and opted for a broader review of "non-operating companies." On August 3, MSCI put forward a broader proposal that could still result in the exclusion of Strategy and Metaplanet. In a report titled "The Invisible Committee of Wall Street," BPI pointed out that metadata shows the presentation MSCI consulted is stored in an internal folder specifically for digital asset treasury companies.According to the proposal, MSCI will first assess whether a company has a significant amount of operational assets before applying five additional financial tests. Its own simulations indicate that Strategy, Metaplanet, and uranium investment company Yellow Cake would be excluded. In 2025, JPMorgan analysts estimated that if Strategy were excluded, it could face an outflow of approximately $2.8 billion. BPI also questioned MSCI's reliance on "operational assets," stating that the term is not a standardized balance sheet category under U.S. GAAP or IFRS. MSCI concluded its opinion collection on September 30 and is expected to announce results on or before October 16, with related changes set to take effect during the index review in November 2026.

first_img Senator Daines introduced the ADAPT Act, which exempts stablecoin payments from capital gains tax and introduces wash sale rules

U.S. Senator Steve Daines (Republican from Montana, member of the Senate Finance Committee) has officially introduced a 56-page digital asset tax bill, named the "Aligning Digital Assets with Tax Principles Act" (ADAPT Act). The bill aims to establish clearer tax rules for scenarios such as stablecoin payments, network fees, staking, and lending, and plans to extend existing tax rules like wash sales and constructive sales to apply to digital assets.The core provisions of the bill state that taxpayers generally do not need to recognize gains or losses when using compliant U.S. dollar stablecoins to purchase goods and services, while exempting brokers from information reporting obligations for qualifying consumer transactions; however, this exemption does not apply to traders and market makers. The bill also extends wash sale rules and constructive sale rules to digital assets, with compliant stablecoins excluded from the constructive sale provisions to limit loss harvesting behavior in crypto assets.Additionally, the bill proposes to exempt digital assets used to pay for network, transaction, or gas fees of $10 or less from gain or loss recognition and allows qualifying digital asset traders and dealers to choose to account for them at fair market value. The bill also stipulates rules for income sources from staking and mining, a non-recognition framework for digital asset lending, a safe harbor for foreign investors' transactions, and definitions for digital asset classifications; most provisions will apply to tax years or transactions after December 31, 2026. Previously, the U.S. House Ways and Means Committee passed its own "Digital Asset Tax Certainty Act" on September 16 by a vote of 38 to 5.

first_img The CFTC submitted two rules, intending to include event contracts in the definition of swaps

According to CoinDesk, the U.S. Commodity Futures Trading Commission (CFTC) has submitted two rules for review to the Office of Management and Budget (OMB). One rule aims to include event contracts within the regulatory definition of swaps, while the other is a "temporary final rule" that seeks to exclude "casino-style gambling products" from the scope of swaps.These two rules were received by the OMB this week, with the document dated September 28. OMB review is typically the last step before rules are submitted for public comment, and the temporary final rule will take effect immediately while allowing for subsequent public input and revisions.This move comes as the CFTC engages in a tug-of-war with multiple states over the nature of prediction markets. Event contracts are typically binary yes-or-no bets on measurable outcomes such as sports events and elections. Last week, the U.S. Sixth Circuit Court of Appeals ruled that Kalshi's sports contracts do not fall under swaps and should be governed by state gambling regulations, while the Eighth Circuit Court of Appeals made a similar ruling; however, the Third Circuit Court of Appeals previously determined that the CFTC has jurisdiction over prediction markets, creating a legal divergence at the federal level. CFTC Chairman Mike Selig believes that the CFTC has exclusive jurisdiction over prediction markets.If event contracts are classified as swaps and not as gambling products, it could weaken the positions of various states in multiple lawsuits against prediction market platforms like Kalshi. The CFTC is legally required to consist of five commissioners, but President Trump has yet to nominate additional commissioners, leaving Selig as the sole commissioner, who is unilaterally advancing regulatory and policy decisions. Additionally, information disclosed by the OMB indicates that the CFTC recently submitted a "pre-rule" focusing on cryptocurrency regulation to the White House.

first_img Chief Legal Advisor of the U.S. SEC's Cryptocurrency Working Group Elaborates on the Path for Cryptocurrency Custody Rules

According to CoinDesk, Taylor Lindman, the Chief Legal Counsel of the U.S. Securities and Exchange Commission (SEC) Crypto Working Group, stated at the CoinDesk Policy & Regulation event held in Washington that the SEC is advancing rules for the custody of crypto assets. The relevant proposal has been submitted to the Office of Management and Budget (OMB) for review, covering investment companies and broker-dealers. She indicated that the rule aims to inform the market about how to hold non-securities crypto assets within broker-dealers without special registration and clarifies that investment advisors can store client assets in institutions such as state-chartered trusts.Once the proposal passes the review by the Office of Management and Budget, the SEC will formally present it and seek feedback from the industry and the public. Lindman also mentioned that the SEC will issue an employee statement in December 2025 as a transitional arrangement, guiding broker-dealers on handling crypto custody matters before the rules are implemented, and will allow investment advisors to store client assets in state-chartered trusts as qualified crypto custodians starting in September 2025.Lindman described the SEC's recent work as "laying the groundwork," including previously proposed rules allowing crypto issuance and exemptions for tokenized securities. She stated that the SEC is working to ensure that existing securities intermediaries and market participants can confidently use blockchain to hold and trade crypto assets. Previously, the SEC's attempts at custody rules under Gary Gensler in 2023 were abandoned, and a leadership supportive of crypto was appointed after the Trump administration took office.

first_img Andrew Yang calls for setting up a kill switch and accountability rules for cutting-edge AI systems

Former Democratic presidential candidate and founder of Noble Mobile, Andrew Yang, called on the federal government to strengthen regulations on cutting-edge AI laboratories. In an interview with CNBC, he stated that researchers have warned that the pace of iteration for powerful models has exceeded the constraints of existing rules, and he candidly said, "The fear is real, the concerns are real, and the demand is real; the American public wants to see this industry regulated."Yang urged Congress to require AI companies to assume liability for damages, set waiting periods before deployment, and equip powerful models with a "kill switch." He mentioned that OpenAI and Anthropic recently disclosed incidents of models breaching boundaries or invading other companies' systems, prompting lawmakers to consider introducing the "AI Kill Switch Act," which would allow federal officials to order restrictions or shutdowns of specific cutting-edge systems.In response to David Sacks' claim that the AI safety warnings are "psychological warfare," Yang stated that multiple things are happening simultaneously and cited a warning from an unnamed lab director that AI robots may have implanted self-replicating code on the internet, leading OpenAI and Anthropic to build a synthetic internet to train their models. He also emphasized that AI regulation is a bipartisan issue, saying, "If you are in rural areas or red districts, your constituents are equally panicked about AI."

U.S. SEC Chairman: Building a Bridge to Lasting Rules for Tokenized Stock On-Chain Trading

SEC Chairman Paul Atkins issued a statement regarding the committee's approval of the "innovation exemption." He pointed out that more than a week ago, Congress failed to advance the CLARITY Act, thus the SEC today took significant steps within its statutory authority to bring the U.S. capital markets into the digital age by promoting on-chain trading of specific tokenized stocks.The order grants two types of temporary, conditional exemptions under Section 36(a)(1) of the Securities Exchange Act: first, it exempts "Tokenized Securities Venues" (TSV) from the definition of "exchange" under the Securities Exchange Act; second, it exempts specific liquidity providers ("regulated companies") from the definition of "dealer." Atkins emphasized that the anti-fraud and anti-manipulation provisions of federal securities laws fully apply to all securities activities in these markets, without exception.The exemption comes with several investor protection conditions: TSV must be U.S. entities and comply with OFAC sanctions; access standards must be set for a licensing system, allowing only specific participants to trade; synthetic products cannot be used—tokenized NMS "national market system" stocks must be tokenized by the issuer of the underlying stock or its representative, or by a third party not affiliated with the issuer, and holders must enjoy the same rights as traditional securities (including dividends and voting rights); issuers have the right to oppose and prevent their securities from being traded on TSV.Atkins stated that the committee is not solidifying current technology as future standards but rather allowing the market to evolve, monitoring its development, and using this as a basis to establish a more flexible, future-oriented regulatory framework. This exemption is a temporary measure, and the committee is seeking public input on all aspects, emphasizing that this transitional arrangement must be followed by the establishment of permanent rules to ensure that on-chain markets maintain a viable path as capital markets evolve.
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