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Securities Exchange Act of 1934

Securities Exchange Act of 1934

Search complete. 49 mentions across 33 episodes found for "Securities Exchange Act of 1934".

Sep 23, 2026

Kristin SmithGUEST
21:37
Yeah.
Kristin SmithGUEST
21:38
Well, if you think about these agencies, if you look at Treasury, their financial crimes enforcement network, they help with bank secrecy act compliance they have a lot of authority already and they have been putting out guidance on how uh different participants in the crypto ecosystem uh should should think about the bank secrecy act they were the very first federal agency to do so back in 2013 um so there's there's already a lot of guidance and rules there if you look over um at the sec and the cftc that's the securities regular market regulator and uh the commodity futures and derivatives market regulator They also have the Securities and Exchange Act, the Investment Advisors Act, the Commodity Exchange Act.
Kristin SmithGUEST
22:22
There's pieces of legislation that give them authority today to regulate certain places.
Kristin SmithGUEST
22:29
The benefit of the Clarity Act would have been there would have been some new authorities that would have gone to those agencies.
Ann LiptonGUEST
3:27
What 14A8 does is facilitate that right because you may have the right to make a proposal under Delaware law, but it's still really hard to do if you have to print your own proxy materials.
Ann LiptonGUEST
3:37
So the SEC created 14A8 way back in 1942, which is right after the Exchange Act was passed using its authority under the Exchange Act.
Ann LiptonGUEST
3:45
It created this rule It says if you're making a proposal that's essentially legal under state law, then you can have it included in the corporate proxy.
Ann LiptonGUEST
3:53
And that way it makes it easier for other shareholders to vote on.
Mike LevinGUEST
4:05
Since the dawn of, okay.
Ann LiptonGUEST
4:07
Well, yeah.
Ann LiptonGUEST
4:08
I mean, the SEC was created in 1934 with the Exchange Act.
Ann LiptonGUEST
4:10
By 1940, they were already sort of, discussing things about this rule.
Anne LiptonHOST
4:10
What 14a-8 does is facilitate that right because you may have the right to make a proposal under Delaware law, but it's still really hard to do if you have to print your own proxy materials.
Anne LiptonHOST
4:21
So the SEC created 14a-8 way back in 1942, which is right after the Exchange Act was passed, using its authority under the Exchange Act.
Anne LiptonHOST
4:28
It created this rule that says if you're making a proposal that's essentially legal under state law, then you can have it included in the corporate proxy, and that way it makes it easier for other shareholders to vote on.
Anne LiptonHOST
4:40
So that's what the rule does.
Mike LevinHOST
4:51
[laughs]
Anne LiptonHOST
4:51
Well, yeah.
Anne LiptonHOST
4:51
I mean, the Exchange, I mean, the, the SEC was created in 1934 with the Exchange Act.
Matt MuscardiHOST
4:57
Right.
Michael PastorGUEST
19:22
And I wasn't there yesterday.
Michael PastorGUEST
19:24
in the 30s when the SEC Act was passed.
Michael PastorGUEST
19:26
Right.
Michael PastorGUEST
19:27
But in the in the wake of the depression, those in Congress and obviously the president who signed it thought that we needed a body to oversee securities issuance and disclosures, that we needed a law.
Vlad TenevGUEST
6:20
I mean, a l- a lot of people compare, uh, the risks of AI technology because it's such a powerful technology with, um, something like atomic energy, right? And I, I think we can disagree about whether, whether that's right or not, but, but let's say for, for example, that it is, and it's, it's on sort of like that tier of risk, then, then I don't think simple, like, legal and civil liability is, is sufficient, and I think you need, you need some safeguards beyond that.
Vlad TenevGUEST
6:57
So I think it's, it's, it's a question of like, all right, this hugging face incident and things like that, is that the ceiling of the type of offensive cybersecurity li- uh, uh, capability that we have, or should we plan for something that's maybe 10 times bigger or, or 100 times bigger? And, and do we have time, you know? Is it, is it one of those things where maybe we'll see a canary in the coal mine and there will be, uh, something to react to and respond, and then we can kind of like nip it in the bud, or is the first issue gonna be, gonna be catastrophic? If you, if you think about all regulations in the financial industry, you can kind of trace them back to some kind of crisis, right? The market crash of 1929 led to, uh, you know, the, the Securities Act, uh, of, of the '30s and the Securities and Exchange Act and the establishment of all of that regulation.
Vlad TenevGUEST
7:56
And it's, it's, it's typically some problem, uh, raises, raises a concern.
Vlad TenevGUEST
8:02
And, and I think my mental model is this will probably be similar in a sense.
Paul AtkinsSOUNDBITE_SPEAKER
55:30
Today's SEC order grants two forms of temporary conditional exemptive relief.
Paul AtkinsSOUNDBITE_SPEAKER
55:37
First, exempting certain trading venues from the definition of exchange under Section 3[a][1] of the Exchange Act, and second, exempting certain liquidity providers from the definition of dealer under Section 3[a][5] of the Exchange Act.
Paul AtkinsSOUNDBITE_SPEAKER
55:57
We are not cementing today's technology as the standard for tomorrow.
Paul AtkinsSOUNDBITE_SPEAKER
56:02
This exemption is a principled, structured grant of relief designed to resolve genuine legal uncertainty that has driven innovation away from the United States while providing investor protections and upholding market integrity standards.
Will MaddoxCORRESPONDENT
14:10
Right.
David OliwensteinGUEST
14:12
Now, in terms of, of companies, publicly traded companies are required under various provisions of the securities laws, as well as potentially Exchange Act rules, to have proper policies, procedures, and controls in place that are designed to prevent the misuse of material non-public information, and companies who fail to devise and implement appropriate procedures and controls could face liability.
David OliwensteinGUEST
14:44
And I think in more extreme cases, in cases where a company is acting with reckless disregard for the risk that individuals are potentially misappropriating confidential information to trade in the prediction markets, in those cases, companies could be looking at what's called secondary liability for things like aiding and abetting a violation of insider trading laws, which is essentially as, as serious as it sounds.
Will MaddoxCORRESPONDENT
15:13
Given the limited resources of the government in pursuing insider trading right now, and now you've just with the stock market, and then now you throw this whole other category, and industries, and all sorts of things, what's your sense of how the resources of those regulatory and enforcement organizations are gonna be stretched?
Rob HadickHOST
16:20
And so I think it's just worth noting that this is – was something that a lot of people were trying to get done and it's bummer that it didn't but um you know this is not the end of uh i think our support uh from dc and also you know that the support that we as a industry should continue to to try to give to uh pro crypto regulators
Jason YanowitzHOST
16:41
yeah 100 agree well said so um on a more positive note the sec and cfcc came out this week um i will share my screen and walk through what the sec just released so the tweet that they said is uh so this is actually from this morning we're recording this on thursday it's 2 p.m eastern on thursday they recorded they released this at 9 00 a.m the sec issued an order granting temporary conditional exemptive release uh relief to tokenized securities venues from the definition of quote, exchange in the Exchange Act to trade tokenized NMS stock using innovative permissioned automated market makers and liquidity pools.
Jason YanowitzHOST
17:19
So what does this mean? So what they're proposing here is a, or what they're issuing is a five-year temporary conditional exemption to these tokenized security venues, TSVs, which they're saying can, should be allowed to trade tokenized stocks through permissioned AMMs and liquidity pools without needing to be regulated as exchanges.
Jason YanowitzHOST
17:43
So the liquidity providers also get a limited dealer exemption.
Paul AtkinsSOUNDBITE_SPEAKER
37:54
Today's SEC order grants two forms of temporary conditional exemptive relief.
Paul AtkinsSOUNDBITE_SPEAKER
37:58
First, exempting certain trading venues from the definition of exchange under Section 3A1 of the Exchange Act.
Paul AtkinsSOUNDBITE_SPEAKER
38:04
It's all legal.
Paul AtkinsSOUNDBITE_SPEAKER
38:05
And second, exempting certain liquidity providers from the definition of dealer under Section 3A5 of the Exchange Act.
ThreadguyHOST
38:13
It's all legal.
ThreadguyHOST
38:14
And you know what Trump has showed the world? Trump showed the world if he can't get Congress or like the traditional legal body to pass what he wants, he'll just do it anyways and nobody can stop him.
CraigHOST
9:33
So here I am reading, right, verbatim.
CraigHOST
9:35
Today, the SEC issued an order granting temporary conditional ex- exemptive relief to tokenized security venues from the definition of exchange, in the Exchange Act to trade tokenized NMS stock using innovative permissioned automated market makers and liquidity pools.
CraigHOST
9:57
Whoa, holy shit, imagine saying that with a flu, man.
CraigHOST
9:59
What the hell? Why'd I even agree to read that? Um, so this is the big one.

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