I recently had the pleasure of talking with Galaxy Asset Management’s Head of Liquid Active Strategies and the portfolio manager of our actively-managed SPDR Galaxy ETFs Chris Rhine about the evolving regulatory backdrop for crypto and digital assets now that Donald Trump has won the US election and his new administration has started to take shape.
With Trump reclaiming the US presidency,1 we talked about how change is coming to the White House — and likely favorable change to the regulatory environment for digital assets. This enthusiasm about the future of crypto under a Trump administration was reflected in the spot price of bitcoin as the cryptocurrency kept refreshing all-time highs in the days following the election, eventually reaching $90,000.2
And, Trump’s election — and the Republicans’ sweep of the White House, Senate, and the House3 — may make way for a paradigm shift that bodes well for the entire digital asset ecosystem, not just cryptocurrencies.
Trump has said he wants to make the US the “crypto capital of the planet.”4 With the help of a Republican-controlled Congress, investors can reasonably expect more progress to come in creating a strong regulatory framework for digital assets. And some companies may start preempting those legislative changes.
How might digital assets legislation and market participation change under Trump?
SAB 121 is SEC guidance released in 2022 that requires crypto assets held on behalf of clients to be counted on public companies’ balance sheets. It significantly limits the ability of large financial institutions to provide custody services for crypto assets, as doing so would impose even higher capital requirements on banks.
Earlier this year, the legislation was overturned with bipartisan support by both the House and Senate,5 but that resolution was subsequently vetoed by President Biden.6 Now, it’s expected that the SEC will ease SAB 121 applicability if not withdraw it completely. Under a crypto-friendly Trump presidency and Republican control of Congress, the repeal of SAB 121 appears all but inevitable.
“SAB 121 could easily just be latched onto a bigger package — even the budget reconciliation package — where it really doesn’t get negotiated or changed because it was already approved.”
-Chris Rhine, Head of Liquid Active Strategies, Galaxy Asset Management
Whether a digital asset is classified as a commodity, currency, or security has been unclear to many market participants — but their classification heavily dictates how they’re regulated.
Earlier this year, on May 22, the House passed the Financial Innovation and Technology for the 21st Century Act (FIT21) and it’s now awaiting a vote in the Senate.7 Though it’s uncertain whether the Senate will pass FIT21, at the least, it will help shape a future digital asset market structure and regulatory framework. And that future framework is expected to clarify the regulatory responsibilities of agencies like the CFTC and SEC and also update existing regulations to account for blockchain applications in the financial sector.
“Once we finally see Congress passing a bill and it being signed by the President into law, that's the game-changing moment because it's never happened before. So the momentum around that is going to build, and the expectation that we’re going to continue to see this regulatory framework for digital assets will start to take shape.”
-Chris Rhine, Head of Liquid Active Strategies, Galaxy Asset Management
Unclear regulatory frameworks around crypto have historically been a headwind for digital assets overall, and regulatory agencies have been criticized for taking a “regulation by enforcement” approach under the Biden administration.8 More defined regulation could help change that. But it will likely take time. Under a unified Republican Congress, it’s more likely the new administration will spend the first 100 days on other priorities, including trade and taxes.9
In the days following the November 5 election, Trump began announcing staffing and who’d be joining his administration. Investors can expect changes at bank and market regulatory agencies like the SEC,10 CFTC,11 OCC, and FDIC. SEC Chair Gary Gensler, for example, already has announced he’ll be stepping down Jan. 20, 2025.12
With potential new crypto-friendly leadership in place, those agencies likely will ease their stance on crypto-related regulations, roll back enforcement actions, and take a more pragmatic approach to supporting healthy growth of the crypto industry. The pace of IPO by crypto and digital asset-related companies in the US could also pick up, with potential crypto-friendly SEC leadership, which would expand investment opportunities for public equity investors.
Longer term, more cooperation among agency leadership on how to regulate digital assets and classify them under the law will bring clarity for industry participants, companies, and investors.
A clearer regulatory outlook, and a new administration friendly towards digital assets, could promote adoption and expand use cases of blockchain technology in the US. This likely would encourage more companies to develop new products and services on public blockchain — and that could further transform traditional finance (TradFi).
Use cases that could expand include:
More regulatory clarity on decentralized protocols in the financial market may accelerate the pace of adoption in the collateral management industry.
“I think one of the great stats in the bear market of 2022 is that no DeFi protocol went bankrupt… because the rules that were programmed on the collateral for those loans worked every single time. And as soon as those levels were breached, the collateral was sent out to the market, liquidated, and the loans were repaid.”
-Chris Rhine, Head of Liquid Active Strategies, Galaxy Asset Management
The outlook for the digital asset ecosystem under the new administration appears positive. But what are the risks? Ultimately, it’s investors’ fear of missing out (FOMO) that could cause volatility and large price moves.
“We could be in a situation where the price of bitcoin just absolutely skyrockets, then crashes. And buyers that got in towards the peak are so underwater that they say ‘I’m never touching this again.’”
-Chris Rhine, Head of Liquid Active Strategies, Galaxy Asset Management
Bitcoin, for example, has a very limited supply and average low-cost basis. As new money floods into digital assets and crypto as a result of new regulations, that sea change could create an environment where the market could go “absolutely parabolic,” Rhine says. Active management could help investors manage risk amid volatility. Over the long term we expect to see continued downward trends in crypto volatility as more institutional investors get involved.
Curious about digital assets? See what experts have to say on the future of digital assets, and how active management of digital asset and crypto investments can help investors make sense of this evolving market.
Chris Rhine, CFA
Head of Liquid Active Strategies
Galaxy Asset Management
Christopher Rhine, CFA, is a Portfolio Manager at Galaxy Asset Management focused on actively managed, liquid crypto investment strategies. He brings over 20 years of investment experience to Galaxy, leading the Liquid Crypto Strategy, FTX liquidation mandate, and State Street sub-advised active ETFs including HECO, DECO, and TEKX.
Mr. Rhine joined from Cohen & Steers where he served as Head of Thematic Strategies, including Digital Infrastructure, Global Logistics, and Sustainable Resources strategies. He was also Head of Natural Resource Equities and a Portfolio Manager on the Global Listed Infrastructure team. Prior to Cohen & Steers, Mr. Rhine worked at BlackRock as an analyst and Portfolio Manager on the firm’s Global Opportunities team. Mr. Rhine has an MBA from New York University and a B.S. in Computer Information Systems from Drexel University.