Prometheum CEO's secret to finding favor with the SEC
Aaron Kaplan founded Prometheum to create a trading venue for digital assets that is compliant with federal securities laws. However, Kaplan's firm came under fire following the SEC's approval of Prometheum's special purpose broker-dealer license back in May of this year — the only such license issued by the SEC to date.
In this episode, Kaplan lays out how Prometheum managed to secure the special purpose broker-dealer license and why he believes strict adherence to the federal securities laws is the key to increased institutional participation in the digital asset industry.
While companies like Coinbase claim regulatory ambiguities exist surrounding digital assets, Kaplan firmly believes that existing federal securities laws can be applied to digital assets without alterations.
As Kaplan explains, "Our approval shows that if you put your head down, you work hard, you focus on how the regulators have laid out the rules and regulations, that you can be compliant."
Prometheum and Paradigm in Debate: Can the Status Quo Work for Crypto? - Ep. 511
Aaron Kaplan, co-CEO of Prometheum, the trading platform that recently acquired a special-purpose broker dealer license for digital asset securities, has become a major lightning rod in the crypto community. Does the firm represent, as Kaplan has argued, a compliant path forward for crypto in the United States? Or, as Paradigm Special Counsel Rodrigo Seira maintains, does it only demonstrate that the SEC’s crypto regime is simply unworkable? The two join the show to debate the specifics – and it certainly gets heated.
Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Stitcher, Castbox, Google Podcasts, TuneIn, Amazon Music, or on your favorite podcast platform.
Show highlights:
whether it is even possible to compliantly register a crypto exchange in the U.S. following SEC Chair Gary Gensler’s recent public statements
which tokens Prometheum can list, if any
why Rodrigo and Aaron disagree over what constitutes a security
whether the Howey Test applies in secondary market transactions for tokens sold pursuant to a SAFT
why Aaron says that Paradigm should reassess its entire thesis and that the status quo benefits venture capital firms like Paradigm
why Rodrigo says Prometheum has a license, but not a business
who would be responsible for providing required disclosures for a decentralized network like Ethereum
how many tokens Aaron expects to list on the Prometheum platform
whether Aaron and Prometheum had specific discussions with the SEC about what tokens are securities
Aaron’s response to allegations that the Chinese Communist Party is infiltrating the U.S. financial system through Prometheum
whether Aaron had previewed the questions he was asked by representatives in his Congressional hearing
what they believe should be included in disclosures about tokens if federal securities laws didn’t exist and guidelines for disclosures were written from scratch
what Aaron has to say about the Blockchain Association’s recent FOIA request
whether Prometheum is open to being acquired by other entity
Thank you to our sponsors!
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Guest:
Aaron Kaplan, co-CEO and co-founder of Prometheum.
Previous appearance on Unchained:
These 2 Crypto Trading Platforms Agree With SEC Chair Gary Gensler
Aaron’s written testimony
Rodrigo Seira, special counsel at Paradigm.
Rodrigo’s thread on Prometheum
Links
Unchained:
Crypto Community Unearths Questionable History of SEC-Aligned Prometheum
Former SEC Cyber Chief Calls the Agency’s Way of Labeling Tokens Securities ‘Not Fair’
Investopedia: Schwab and Fidelity-Backed Crypto Exchange EDX Goes Live, Adds More Backers
CoinDesk:
Gary Gensler’s Catch-22 Vision of ‘Regulated’ Crypto Brokers
Key Takeaways From House Hearing on Future of Digital Assets
The Crypto Basic: Prometheum Founder Says SEC Will Win Ripple Lawsuit, XRP Community Reacts
Digital Asset Investor’s video on SEC setting up a Chinese back door into crypto
Thread from Blockchain Association’s Marisa Coppel
Adam Cochran points out a slew of details that call Prometheum into question.
Matt Walsh questions how Kaplan can be called a securities expert since the law school he earned his degree from is now unaccredited by the American Bar Association.
A clip from Aaron’s exchange with U.S. Rep Mike Flood
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These 2 Crypto Trading Platforms Agree With SEC Chair Gary Gensler - Ep. 499
“Lack of regulatory clarity” is the catchall complaint levied against U.S. regulators by most major players in the crypto industry. But the founders of Bosonic and Prometheum disagree. Both firms have spent years chasing the necessary regulatory approvals to compliantly trade digital assets, including those seen as securities. Last week, Prometheum secured a potentially landmark approval to operate as a special purpose broker-dealer for digital asset securities. Prometheum co-founder Aaron Kaplan and Rosario Ingargiola, founder of Bosonic, which earlier secured a similar approval, discuss why big players like Coinbase need to quit carping in the court of public opinion and do the hard work of getting approved.
Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Stitcher, Castbox, Google Podcasts, TuneIn, Amazon Music, or on your favorite podcast platform.
Show highlights:
what Bosonic and Prometheum Capital do
how Aaron and Rosario started working in crypto
what it means to be a special purpose broker-dealer
what the three-step letter from the SEC is and why it's relevant for scaling a digital asset business
how exchanges work in traditional finance and how crypto differs
why Aaron believes there’s a “pathway forward for crypto in the U.S.”
whether the argument that there’s a lack of regulatory clarity is convenient for crypto incumbents
why Aaron agrees with SEC Chair Gary Gensler on his stance that everything except BTC is a security
how a token registration would work and what the nuances would be
why Coinbase’s approval to be a publicly traded company does not mean that the SEC is in line with the business
whether ETH is a security, with Aaron arguing it is and Rosario saying it’s a commodity
what the different requirements are for national securities exchanges and alternative trading systems
what Aaron and Rosario would tell existing crypto companies as it relates to compliance
whether regulation kills innovation
Thank you to our sponsors!
Crypto.com
Guests:
Aaron Kaplan, co-CEO and co-founder of Prometheum
Rosario Ingargiola, Founder and CEO of Bosonic
Previous coverage of Unchained on crypto regulation:
Ex-CFTC Commissioner Berkovitz Says ‘DeFi Should Be Regulated’ – But How?
‘Is ETH a Security?’ Why Gary Gensler Couldn’t Give Congress a Straight Answer
Coinbase's Legal Action Against the SEC: How It Will Likely Unfold
Rep. Emmer on Why He Believes Gary Gensler Is a ‘Bad-Faith Regulator’
Is the Government Trying to Kill Off Crypto in the US?
Coinbase’s Top Lawyer Calls SEC Wells Notice a ‘Massive Overreach’
Links
CoinDesk:
SEC Proposal Could Bar Investment Advisers From Keeping Assets at Crypto Firms
U.S. SEC Moves Toward DeFi Oversight as It Reopens Proposed Regulations
Prepared Remarks of Gary Gensler On Crypto Markets Penn Law Capital Markets Association Annual Conference
SEC Issues Investigative Report Concluding DAO Tokens, a Digital Asset, Were Securities
Unchained:
SEC Chair Gary Gensler Avoids Question: ‘Is Ethereum a Security?’
Coinbase Seeks to Compel SEC Response to Rulemaking Petition
SEC Asks Court to Deny Coinbase Demand for Crypto Rules
Financial Institutions Hub: SEC Proposal Targets Crypto Exchanges, Trading Platforms, and Brokers
Emmer and Soto Introduce Bipartisan Bill to Provide Regulatory Clarity for Digital Assets
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