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Code · STATUTE-COMPILATIONS · Guiding and Establishing National Innovation for U.S. Stablecoins Act · Sec. 17

Sec. 17. AMENDMENTS TO CLARIFY THAT PAYMENT STABLECOINS ARE NOT SECURITIES OR COMMODITIES AND PERMITTED PAYMENT STABLECOIN ISSUERS ARE NOT INVESTMENT COMPANIES

401 words·~2 min read·/statute-compilations/comps-18221/sec-17

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## SEC. 17 AMENDMENTS TO CLARIFY THAT PAYMENT STABLECOINS ARE NOT SECURITIES OR COMMODITIES AND PERMITTED PAYMENT STABLECOIN ISSUERS ARE NOT INVESTMENT COMPANIES ###
(a)Investment Advisers Act of 1940 Section 202(a)(18) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(18)) is amended by adding at the end the following: “The term ‘security’ does not include a payment stablecoin issued by a permitted payment stablecoin issuer, as such terms are defined in section 2 of the GENIUS Act.”. ###
(b)Investment Company Act of 1940 The Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) is amended ####
(1)in section 2(a)(36) of the Act (15 U.S.C. 80a-2(a)(36)), by adding at the end the following: “The term ‘security’ does not include a payment stablecoin issued by a permitted payment stablecoin issuer, as such terms are defined in section 2 of the GENIUS Act.”; and ####
(2)in section 3(c)(3) of the Act (15 U.S.C. 80a-3(c)(3)), by inserting “any permitted payment stablecoin issuer, as such 139 STAT. 463 term is defined in section 2 of the GENIUS Act;” after “therefor;”. ###
(c)Securities Act of 1933 Section 2(a)(1) of the Securities Act of 1933 (15 U.S.C. 77b(a)(1)) is amended by adding at the end the following: “The term ‘security’ does not include a payment stablecoin issued by a permitted payment stablecoin issuer, as such terms are defined in section 2 of the GENIUS Act.”. ###
(d)Securities Exchange Act of 1934 Section 3(a)(10) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(10)) is amended by adding at the end the following: “The term ‘security’ does not include a payment stablecoin issued by a permitted payment stablecoin issuer, as such terms are defined in section 2 of the GENIUS Act.”. ###
(e)Securities Investor Protection Act of 1970 Section 16(14) of the Securities Investor Protection Act of 1970 (15 U.S.C. 78lll(14)) is amended by adding at the end the following: “The term ‘security’ does not include a payment stablecoin issued by a permitted payment stablecoin issuer, as such terms are defined in section 2 of the GENIUS Act.”. ###
(f)Commodity Exchange Act Section 1a(9) of the Commodity Exchange Act (7 U.S.C. 1a(9)) is amended by adding at the end the following: “The term ‘commodity’ does not include a payment stablecoin issued by a permitted payment stablecoin issuer, as such terms are defined in section 2 of the GENIUS Act.”.
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