U.S. Securities and Exchange Commission (SEC) announced on June 12, 2025, the withdrawal of 14 rule proposals introduced during the tenure of former SEC Chair Gary Gensler under the Biden administration. These proposals, introduced between October 2020 and November 2023, were rescinded under the leadership of new SEC Chair Paul Atkins, signaling a shift in the agency’s regulatory approach. The decision reflects a move away from what some critics described as an overly regulatory agenda, particularly in areas affecting investment managers and the cryptocurrency industry.
This would have expanded the Custody Rule to include all assets, such as cash, real assets, and cryptocurrencies, requiring segregation to protect them in case of bankruptcy. Critics argued it was impractical for certain assets and could limit banking services for crypto firms. Proposed in May 2022, this rule aimed to combat “greenwashing” by requiring funds claiming ESG (environmental, social, governance) focus to disclose specific details about their strategies and categorize them as integrated, focused, or impact funds.
Predictive Data Analytics and Conflicts of Interest: This rule targeted the use of AI, machine learning, and data algorithms by investment advisers to address potential conflicts of interest.
Cybersecurity Risk Management: Proposed in February 2022, it would have mandated broker-dealers to maintain policies identifying cybersecurity risks and report major incidents to the SEC within 48 hours.
Regulation Best Execution (Reg BE): Proposed in January 2023, it aimed to shift enforcement of best execution standards from FINRA to the SEC.
Adviser Outsourcing: This would have imposed diligence, monitoring, and recordkeeping requirements on investment advisers outsourcing certain functions.
Order Competition Rule: Intended to enhance competition in securities trading. Exchange Act Rule 3b-16: This proposal would have included decentralized finance (DeFi) platforms under national securities exchange rules, a move criticized by blockchain policy experts.
The SEC provided no detailed reasoning for the withdrawals, stating only that it no longer intends to issue final rules for these proposals. Industry experts, such as Jay Gould from Baker Botts, noted that many of these areas are already covered by existing SEC regulations, suggesting the specific rules may have been redundant. For instance, conflicts of interest are regulated even without the predictive data analytics proposal, and misleading ESG claims remain prohibited.
The move has been praised by figures like Rep. French Hill (R-Ark.), Chair of the House Committee on Financial Services, who called it a step toward restoring balance, protecting investors, and encouraging innovation. In the crypto sector, the withdrawal of rules like the Custody Rule and Exchange Act Rule 3b-16 is seen as a shift toward a more pro-crypto regulatory stance under Atkins’ leadership, emphasizing clarity and consultation over enforcement.
The SEC’s decision to rescind 14 unfinished rule proposals from the Gensler era, announced on June 12, 2025, carries significant implications for financial markets, investors, and specific industries like cryptocurrency. The withdrawal of rules like the Safeguarding of Client Assets, Adviser Outsourcing, and Predictive Data Analytics reduces compliance burdens. Firms won’t face new requirements for asset custody, outsourcing oversight, or AI-driven conflict management, potentially lowering operational costs.
Scrapping the Cybersecurity Risk Management and Regulation Best Execution proposals means broker-dealers avoid stricter reporting and enforcement standards, maintaining reliance on existing FINRA regulations. The rescission of the Safeguarding of Client Assets and Exchange Act Rule 3b-16 proposals is a major win for the crypto sector. The former would have imposed stringent custody requirements on crypto assets, potentially limiting banking services for crypto firms. The latter would have classified DeFi platforms as securities exchanges, subjecting them to heavy regulation.
This signals a more crypto-friendly SEC under Chair Paul Atkins, likely fostering innovation and market growth in blockchain and digital assets. It aligns with broader political shifts, as seen in comments from Rep. French Hill, emphasizing innovation. The withdrawal of the ESG Disclosures rule means funds won’t need to categorize or provide detailed disclosures for ESG strategies. This could lead to continued “greenwashing” risks, as investors may lack clear information to assess ESG claims, but it also reduces compliance costs for funds marketing ESG products.
The move reflects a pivot toward deregulation under the new SEC leadership, prioritizing market efficiency and innovation over stringent oversight. This could encourage risk-taking and investment but may raise concerns about investor protections, especially in areas like cybersecurity and conflicts of interest. Without rules like ESG Disclosures or Cybersecurity Risk Management, investors may face higher risks from misleading fund claims or unreported cyber incidents. However, existing SEC and FINRA regulations still provide some safeguards.
Reduced regulatory burdens could stimulate market activity, particularly in crypto and alternative investments, but may also lead to volatility if oversight gaps emerge. The decision aligns with a broader deregulatory agenda under the incoming administration, as Atkins’ leadership emphasizes consultation over enforcement. This could set the stage for further rollbacks or a reevaluation of SEC priorities, impacting future rule-making.
Critics may argue that withdrawing these proposals weakens investor protections and market stability. For example, the absence of the Cybersecurity Risk Management rule could leave markets vulnerable to unreported cyber threats, while scrapping the Order Competition Rule may limit trading efficiency gains. The SEC’s action creates a more permissive environment for financial and crypto industries, potentially spurring innovation but raising concerns about oversight gaps.