With the return of Donald Trump to the Oval Office following his victory on Nov. 5 over Kamala Harris, change is coming to the SEC and other regulatory agencies.
On Nov. 21, SEC Chair Gary Gensler announced he will leave the agency on Jan. 20, the same day as Trump's inauguration. While Trump had pledged to fire Gensler if re-elected, it is typical practice for SEC chairs to step down when a new party takes over the presidency. Gensler took office in April 2021 after being nominated by President Joe Biden.
Under a second Trump administration, the SEC is likely to see a revision of its rulemaking agenda, a step back from cryptocurrency enforcement, and the possible death of SEC rules being challenged in court, sources said.
Cryptocurrency in particular will likely garner a great deal of attention. Many in the crypto industry have bashed the agency’s enforcement actions against several major crypto firms and exchanges under Gensler’s leadership. At an American Bar Association Conference on Dec. 5, emboldened Republican SEC Commissioner Mark Uyeda criticized the agency’s rule-makings and cryptocurrency approach under Gensler.
Many of the SEC’s rulemakings over the past four years have “added significantly to the burdens” faced by public companies, and enforcement cases have not helped, Uyeda said at the conference in Washington.
Also expected is a potential repeat of Trump's first administration 2018 decision not to fight court challenges to the previous Democratic administration's Department of Labor fiduciary rule.
In April, under the Biden administration, the Labor Department finalized the Retirement Security Rule, which changed the five-part test so that one-time advice, such as rollovers to IRAs or annuity purchases, must be in an investor’s best interest. DOL officials have said the rule is needed to protect retirement savers.
The rule is more narrowly tailored than the 2016 Obama-era rule that was eventually killed when the Trump administration in 2018 elected not to challenge court decisions striking it down.
Insurance and annuity groups disagree and have challenged the new rule in two separate lawsuits. Two District Court judges in July each favored the plaintiffs’ arguments and stopped implementation of the rule.
Marcia S. Wagner, founder and managing partner of The Wagner Law Group, said in an October interview that a Trump election would mean “it is entirely possible that there would be a repeat of what occurred in 2018.”