A securities law waiver is a formal decision by a regulatory authority to forgo or exempt a specific entity or transaction from certain provisions of securities law. This differs from general relief by being typically granted on a case-by-case basis, often due to unique circumstances or to avoid undue hardship. In digital assets, a waiver might permit a project to operate without strict adherence to a particular rule. Such waivers are exceptional.
Context
The discussion around securities law waivers in the digital asset domain often arises in situations where strict application of existing rules would impede innovation or prove impractical. A key debate involves the transparency and fairness of the waiver process and its potential impact on market equity. A critical future development to watch for is whether these waivers become more standardized or whether new, more broadly applicable regulatory frameworks reduce the need for individual exemptions.
The SEC's planned innovation exemptions will fundamentally alter the US compliance calculus, creating a new, regulated path for Web3 product development.
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