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H.R. 3633IntroducedHouseSenate · nowPresidentLawIn the Senate
Sec. 309 · H.R. 3633

Exclusion for decentralized finance activities

Title III — Registration for Intermediaries at the Securities and Exchange Commission

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No wording changed between Passed the House and Sent to the Senate.

How the text changed

Passed the House · Sec. 309

The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting after section 15G the following: 15H. Decentralized finance activities not subject to this Act (a) In general Notwithstanding any other provision of this Act, a person shall not be subject to this Act and the regulations promulgated under this Act based on the person directly or indirectly engaging in any of the following activities, whether singly or in combination, in relation to the operation of a blockchain system or in relation to a decentralized finance trading protocol: (1) Compiling network transactions or relaying, searching, sequencing, validating, or acting in a similar capacity. (2) Providing computational work, operating a node or oracle service, or procuring, offering, or utilizing network bandwidth, or providing other similar incidental services. (3) Providing a user-interface that enables a user to read and access data about a blockchain system. (4) Developing, publishing, constituting, administering, maintaining, or otherwise distributing a blockchain system or a decentralized finance trading protocol. (5) Developing, publishing, constituting, administering, maintaining, or otherwise distributing a decentralized finance messaging system, or operating or participating in a liquidity pool, for the purpose of executing a spot contract for the purchase or sale of a digital commodity in relation to a decentralized finance trading protocol. (6) Developing, publishing, constituting, administering, maintaining, or otherwise distributing software or systems that create or deploy hardware or software, including wallets or other systems, facilitating an individual user’s own personal ability to keep, safeguard, or custody the user’s digital assets or related private keys. (b) Exceptions Subsection (a) shall not apply to the anti-fraud and anti-manipulation authorities of the Commission..

•HR 3633 EHSEC. 309
Sent to the Senate · Sec. 309

The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting after section 15G the following: 15H. Decentralized finance activities not subject to this Act (a) In general Notwithstanding any other provision of this Act, a person shall not be subject to this Act and the regulations promulgated under this Act based on the person directly or indirectly engaging in any of the following activities, whether singly or in combination, in relation to the operation of a blockchain system or in relation to a decentralized finance trading protocol: (1) Compiling network transactions or relaying, searching, sequencing, validating, or acting in a similar capacity. (2) Providing computational work, operating a node or oracle service, or procuring, offering, or utilizing network bandwidth, or providing other similar incidental services. (3) Providing a user-interface that enables a user to read and access data about a blockchain system. (4) Developing, publishing, constituting, administering, maintaining, or otherwise distributing a blockchain system or a decentralized finance trading protocol. (5) Developing, publishing, constituting, administering, maintaining, or otherwise distributing a decentralized finance messaging system, or operating or participating in a liquidity pool, for the purpose of executing a spot contract for the purchase or sale of a digital commodity in relation to a decentralized finance trading protocol. (6) Developing, publishing, constituting, administering, maintaining, or otherwise distributing software or systems that create or deploy hardware or software, including wallets or other systems, facilitating an individual user’s own personal ability to keep, safeguard, or custody the user’s digital assets or related private keys. (b) Exceptions Subsection (a) shall not apply to the anti-fraud and anti-manipulation authorities of the Commission..

•HR 3633 RFSSEC. 309

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