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Atkins as SEC Chair Could Bring Needed Regulatory Clarity

proposed securities and exchange commission chair in the united states

Then-SEC Commissioner Paul Atkins at a House Financial Services Committee hearing on Capitol Hill - June 26, 2007. At the time, the committee was hearing a review of investor protection and market oversight. (Mark Wilson/Getty Images)

By    |   Friday, 17 January 2025 09:42 AM EST

Financial Markets Watch Closely as Paul Atkins Steps Toward SEC Leadership

With financial markets facing seismic transformations — from explosive growth of cryptocurrencies to the disruptive power of artificial intelligence (AI) — 2025 is shaping up to be a watershed year for the Securities and Exchange Commission (SEC).

President-elect Donald J. Trump nominated Paul Atkins to serve as SEC Chairman.

Mr. Atkins is a former SEC commissioner who is known for advocating for lighter regulatory policies. This nomination signals a significant shift for the agency, moving toward a focus of fostering innovation in its oversight approach.

Atkins Has Extensive SEC Experience

Serving from 2002 to 2008 under chairmen Harvey Pitt, William Donaldson and Christopher Cox, Atkins built a reputation as a staunch advocate of clarity in regulation and restraint in enforcement.

Known for his belief that "rules should do no harm" he has long argued that overregulation stifles innovation and erodes investor trust, signaling the possibility of a pivot away from enforcement-heavy strategies that have dominated in recent years.

Leadership Shift in Washington Marks Pivotal Moment for Financial Markets

Cryptocurrencies remain in regulatory limbo; AI is reshaping financial services and global markets are navigating relentless volatility.

These challenges demand a bold, pro-growth agenda that balances market freedom with investor protection.

The big question is whether Atkins can strike that balance effectively and reorient the SEC to address pivotal concerns without stifling innovation.

I met Atkins several times over the years, including when my firm, The Torrenzano Group and the White House Writers Group co-sponsored a Bloomberg forum on global financial markets.

He moderated a panel, demonstrating clarity and precision in addressing complex topics.

His ability to engage both panelists and the audience left a lasting impression, showcasing his commitment to fostering meaningful dialogue and advancing thought leadership.

Can the SEC Bring Order to the Wild West of Digital Assets?

Cryptocurrency emerged as a key focus for regulators. Under chairman Gary Gensler, Biden’s commissioner, the SEC took aggressive enforcement actions against major exchanges like Binance and Coinbase, accusing them of unregistered securities violations.

Atkins emphasized in an SEC speech the need for transparent, predictable rules for digital assets. When confidence in a fair regulatory system is felt by both issuers and investors alike, the cost of capital can be reduced, providing an additional incentive for economic growth.

If confirmed, Atkins will work closely with Congress to craft a regulatory framework that provides clarity and stability for the cryptocurrency market as well as all other financial market issues.

Atkins, will work with U.S. House of Representatives Financial Services Committee chairman, Patrick McHenry, R- N.C., which oversees securities, exchanges and financial markets; and with the Senate Banking, Housing and Urban Affairs Committee chairman, Tim Scott, R-S.C., which holds jurisdiction over securities, banking and financial institutions.

Can AI Innovation Thrive Without Destabilizing Financial Markets?

AI is revolutionizing financial services — from trading algorithms to risk modeling — but its rise brings challenge, bias, ethical dilemmas, and systemic risks.

Despite AI’s growth and impact, the SEC has yet to establish a comprehensive strategy to regulate it. Although Atkins has not publicly outlined his views, his historical preference for regulatory restraint suggests he will favor a cautious approach that avoids overregulation.

This aligns with former Commissioner Hester Peirce’s view and her strong advocacy for regulatory clarity, particularly in cryptocurrency and financial innovation.

She frequently emphasizes the importance of avoiding overregulation that might hinder innovation.

Atkins’ ability to navigate these risks while fostering innovation will be critical to the SEC’s success.

As Criticism Mounts, Will the SEC Revamp Its ESG Approach?

The Biden administration's SEC efforts to enforce Environmental Social and Governance (ESG) disclosure rules face significant challenges, including debates over reporting scope, legal challenges to its authority and concerns about regulatory overreach.

Ambiguity in defining "material" ESG information and inconsistencies in third-party ESG ratings further complicate enforcement.

Companies such as Boeing, John Deere, Ford, Harley-Davidson, Meta, Morgan Stanley, Tesla, Tractor Supply, and Walmart are shifting away from politically charged ESG and DEI initiatives to focus on measurable outcomes, operational efficiency and stakeholder satisfaction.

Legislative backlash, poor financial returns and regulatory challenges have dampened ESG momentum, with leaders like BlackRock’s Larry Fink acknowledging its politicization.

The new SEC Chair will need to clarify disclosure requirements, address inconsistencies in ESG ratings and balance investor demands with concerns over corporate autonomy and economic efficiency.

Atkins, known for advocating market-driven solutions, may seek to scale back mandates to reduce compliance costs while maintaining accountability and transparency.

Circuit Breakers and High-Frequency Trading in the Spotlight

Global markets remain volatile due to inflation, geopolitical tensions, and recession fears. Under Gensler, the SEC implemented tools like circuit breakers and increased transparency in high-frequency trading to stabilize markets.

Atkins, known for his deregulatory philosophy, may reevaluate these mechanisms.

In a 2006 speech at Vanderbilt University Law School, he cautioned against adopting "rule-based solutions to any and every problem without first checking to see whether the market might have a better way to solve it."

This pragmatism could shape how the SEC addresses ongoing volatility.

Markets Without Borders Face Pressures to Unite

As markets grow increasingly interconnected, the SEC’s coordination with international regulators is critical. Divergent approaches to cryptocurrency, ESG standards and data sharing create challenges for multinational businesses and institutional investors.

European Union (EU) Commissioner Mairead McGuinness has emphasized the importance of transatlantic regulatory alignment, noting that strong partnerships with the SEC are essential for global financial stability.

Atkins’ private and public sector experience could make him an effective bridge between U.S. and international regulators, though his commitment to such collaboration remains to be seen.

Preventing Fraud Without Stifling Business Innovation

Fraud prevention remains central to the SEC’s mission, but Atkins’ nomination raises questions about whether a less aggressive approach could weaken deterrence.

Atkins has argued for targeted enforcement, warning that overzealous enforcement can chill legitimate business activities.

This balanced approach could help restore trust while avoiding the pitfalls of heavy-handed oversight.

Global Financial Landscape Shifting in Favor of U.S. Listings as Europeans Get Dwarfed and Asian Markets Grapple with Instability

The SEC’s global dominance faces challenges as international regulators expand oversight in cryptocurrency, ESG disclosure and AI governance.

Atkins’ leadership could strengthen U.S. markets by reducing regulatory burdens and emphasizing innovation, ensuring they remain competitive in a rapidly evolving global landscape.

Based on his history, he has demonstrated a strong commitment to regulatory clarity and fairness, making it likely he will uphold his promise to avoid hidden or unofficial rules through enforcement actions.

His track record reflects a focus on protecting seniors and individual investors, consistently prioritizing their interests in financial decisions.

By continuing this transparent and proactive approach, he is well-positioned to foster trust and fairness in the financial system.

As Warren Buffett noted, "Opportunities come infrequently. When it rains gold, put out the bucket . . . not the thimble."

Richard Torrenzano is chief executive of The Torrenzano Group. For nearly a decade, he was a member of the New York Stock Exchange management (policy) and executive (operations) committees. His new book, "Command the Conversation: Next Level Communications Techniques," will be launched in late January. He's a sought-after expert and leading commentator on artificial intelligence, cyber and digital attacks; financial markets; brands, crisis, media, and reputation.

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Politics
Mr. Atkins is a former SEC commissioner who is known for advocating for lighter regulatory policies. This nomination signals a significant shift for the agency, moving toward a focus of fostering innovation in its oversight approach.
digital, assets, esg
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2025-42-17
Friday, 17 January 2025 09:42 AM
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