Coinbase CLO Calls Out SEC’s Unclear Stance on FTX Repayment Plan

• Coinbase CLO Paul Grewal criticizes SEC’s unclear guidance on FTX’s creditor repayment plans.  
• The SEC reserves the right to challenge the legality of repaying creditors with crypto assets.  
• Grewal calls for more regulatory clarity to better serve investors and markets. 

Coinbase’s Chief Legal Officer Paul Grewal has taken to X to criticize the U.S. Securities and Exchange Commission (SEC) for its unclear stance on FTX’s proposal to repay creditors using stablecoins or other digital assets. Grewal argues that the SEC’s approach creates uncertainty and urges the agency to provide clearer guidance for the crypto market.  

The SEC recently issued a notice cautioning the FTX estate that it might oppose any attempts to repay creditors with stablecoins or other digital assets. The SEC’s statement, however, stopped short of declaring such actions illegal. Instead, the agency stated that it “reserves its rights to challenge transactions involving crypto assets.”

Reacting to the SEC statement, Grewal took to X (formerly Twitter) to criticize the SEC for its lack of clarity, arguing that this ambiguity creates market uncertainty. He pointed out the SEC’s refusal to clearly define the legality of FTX’s proposed repayment methods, stating, “Why provide clarity to the market when threats and aspersions will do?” 

Grewal’s comments suggest a growing frustration within the crypto industry over the SEC’s approaches to regulation. Rather than providing clear and actionable guidelines, Grewal insinuates the agency has opted for vague statements and potential enforcement threats. 

The legal expert contends that this approach hinders a stable and predictable market environment. “Investors, consumers, and markets deserve better,” Grewal stated.

The SEC’s statement might have added complexity to the FTX bankruptcy process, which has seen various proposals to maximize creditor recovery. Ideas have ranged from relaunching the FTX exchange to issuing tradable tokens for creditor claims. 

However, FTX plans to repay creditors in cash or stablecoins, dismissing the idea of restarting the exchange due to lack of investors’ interest.  

In addition to its concerns about crypto asset repayments, the SEC joined the U.S. Trustee in objecting to a discharge provision that would protect FTX debtors from future legal actions by creditors. The objection suggests that the court should deny confirmation of the repayment plan unless the discharge provision is removed, signaling further legal hurdles for FTX.