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The government has delayed publishing its long-awaited transgender guidance for schools after its own legal advisors concluded some of the suggested elements would be unlawful, Sky News understands.

Prime Minister Rishi Sunak had promised to bring out the advice during the summer term, which comes to an end this week for most state schools.

But it is understood that three of the suggestions – including banning pupils from socially transitioning at school – would have been in breach of the Equalities Act.

Politics live: Sunak swerves question on rumoured reshuffle

Social transitioning means a child living in the role of their chosen gender, changing their name, pronouns or appearance as a result.

The other proposals in question are around schools requiring a doctor’s approval before a pupil can socially transition – known as a “medical gateway” – and advising teachers not to use a child’s chosen pronouns if they do not wish to do so.

Allies of the Attorney General, Victoria Prentis KC, said the government’s three law officers had advised that because some of the suggested guidance came up against the Equality Act, the government would only be able to go further on this issue if they introduced new legislation.

More on Rishi Sunak

“This is a call for the prime minister now,” they said. “The Attorney General is in favour of the government being stronger on this.”

Speaking to reporters this afternoon, Mr Sunak said: “This is a really complex and sensitive issue because it affects the wellbeing of our children, and it’s important that we get it right given those complexities and sensitivities.

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Trans guidance for schools ‘complex issue’

“I am committed to bringing forward that guidance, but I want to make sure that we’ve taken the time to go through it properly and when we do bring it forward, it will be well thought through.”

The PM promised back in March that the government would publish transgender guidance for schools in the summer term “so they know how to respond when children are asking about their gender”.

It is understood the strength of the guidance has been the subject of longstanding debate between different cabinet ministers.

A spokesperson for the Attorney General’s Office said: “By longstanding convention, reflected in the ministerial code, whether the law officers have been asked to provide legal advice and the content of any advice is not disclosed outside government without their explicit consent. That consent is rarely given.”

The prime minister’s spokesperson earlier said “this is a sensitive area, we do think more evidence is required before publishing”, but insisted more details will be set out as soon as possible.

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Bitcoin reserve bills advance in New Hampshire, Florida

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Bitcoin reserve bills advance in New Hampshire, Florida

Bitcoin reserve bills advance in New Hampshire, Florida

New Hampshire’s House and Florida’s House insurance and banking committee have respectively advanced bills allowing their states to create Bitcoin reserves.

New Hampshire’s House passed its Bitcoin reserve bill, HB302, in a 192-179 vote on April 10 which will now head to the Senate. The state is now the fourth to pass a Bitcoin (BTC) reserve bill through one chamber, joining Arizona, Texas and Oklahoma.

If HB302 clears New Hampshire’s Senate and Governor Kelly Ayotte signs it into law it would allow the state’s treasurer to use 10% of the state’s general fund and other authorized funds to invest in precious metals and certain digital assets. The bill also sets out how they should be custodied.

The bill specifies that only cryptocurrencies with a market capitalization of over $500 billion would be eligible for investment, a criteria that only Bitcoin currently meets.

Bitcoin reserve bills advance in New Hampshire, Florida

New Hampshire’s House votes to pass HB302, the state’s Bitcoin reserve bill. Source: New Hampshire House of Representatives

In a debate prior to the vote, Democrat Representative Terry Spahr argued that the bill is unnecessary and could undermine the future security of the state’s digital assets stockpile. 

“Unbeknownst to the committee and to the sponsor […] the treasurer testified that they already have that authority,” Spahr said. He added that cryptocurrency is “constantly shifting and changing, and it’s sort of dangerous to be kind of locked into certain types of security measures, and I think that bill does this.”

Republican Representative Jordan Ulery countered that the bill was necessary as it could create the “potential for a large amount of money being earned by the state in these investments.”

New Hampshire has two other blockchain-related bills working their way through the legislature — HB310, which covers stablecoins and real-world asset tokenization (RWA) and HB 639, which deals with blockchain regulation and dispute resolution.

Florida House Committee passes Bitcoin reserve bill 

Meanwhile on April 10, Florida’s House Insurance and Banking Committee passed the state’s Bitcoin reserve bill, HB487, with a unanimous vote.

The bill has three committees to clear before it progresses to Florida’s House.

Similar to New Hampshire’s bill, HB487 would allow Florida’s chief financial officer and the State Board of Administration to invest up to 10% of certain state funds — including the General Revenue Fund and the Budget Stabilization Fund — into Bitcoin.

The bill’s sponsor, Republican Representative Webster Barnaby pleaded with the Committee before the vote “to vote up on this very important bill” which he claimed would “put Florida in the leading edge of this very new technology.”

Related: US federal agencies to report crypto holdings to Treasury by April 7

Florida’s bill gives the state’s financial chief the ability to invest in digital assets directly, through certain qualified custodians, or through exchange-traded products and details security and custody requirements.

According to Bitcoin Laws, which tracks the progress of digital assets legislation, Arizona is currently leading the race to become the first US state to establish a strategic Bitcoin reserve. 

Bitcoin reserve bills advance in New Hampshire, Florida

Source: Bitcoin Laws

On March 24, two digital assets reserve bills, SB1373 and SB1025, cleared Arizona’s House Rules Committee and are now headed to the state’s House for a full floor vote. 

If passed by the House, the bills would then need the signature of Arizona’s Democratic governor, Katie Hobbs to become law.

Magazine: Financial nihilism in crypto is over — It’s time to dream big again

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SEC staff gives guidance on how securities laws could apply to crypto

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SEC staff gives guidance on how securities laws could apply to crypto

SEC staff gives guidance on how securities laws could apply to crypto

US Securities and Exchange Commission staff have given guidance on how federal securities laws could apply to crypto, saying companies issuing or dealing with tokens that could be securities should give better details about their business.

The SEC’s Division of Corporation Finance said in a staff statement on April 10 that it was giving its views “to provide greater clarity on the application of the federal securities laws to crypto assets.” 

The Division said its statement was made of observations of disclosures given in existing disclosure requirements and “addresses our views about certain specific disclosure questions that market participants have presented to the staff.”

The guidance, which the Division noted had “no legal force or effect,” said crypto companies who are giving disclosures about their business have typically shared a host of information about their operations, such as what the company specifically does, how any issued tokens work and how the business generates — or intends to generate — revenue.

Companies have also disclosed whether they plan to remain engaged in a crypto network or app after they launch it and, if not, whether any other entities will take over.

Crypto firms should also explain their technology, such as if their product is a proof-of-work or proof-of-stake blockchain, its block size, transaction speed, reward mechanisms, the measures to ensure network security and whether the protocol is open-source or not.

The SEC staff also noted that registration or qualification is not required in connection with crypto offerings that aren’t securities and aren’t part of an investment contract. However, the statement didn’t provide clarity on what digital assets could be securities.

Commercial litigator Joe Carlasare told Cointelegraph the statement was “a welcome and refreshing step toward clearer regulatory guidance.”

“Adhering to the guidelines will help entities not only position themselves more favorably with regulators but also demonstrate a commitment to transparency and credibility,” he said.

Crypto firms should share all risks

The SEC staff statement said that issuers usually clearly disclose risks related to price volatility, network and cybersecurity vulnerabilities, and custody risks, in addition to standard business, operational, legal and regulatory risks.

A “materially complete description” of a security is also typically required from an issuer, which includes the mechanism behind paying dividends, distributions, profit-sharing and voting rights, including how those rights are enforced.

Related: No crypto project has registered with the SEC and ‘lived to tell the tale’ — House committee hearing

It added a company should share if a protocol’s code can be modified, and if so, who can make such changes and whether the smart contracts involved have been subjected to a third-party security audit.

Other disclosures the statement mentioned are whether the token’s supply is fixed and how it was or will be issued along with identifying executives and “significant employees.”

The Division said its guidance intended to build on the SEC’s Crypto Task Force, which is planning to host a series of roundtables with the crypto industry to discuss how it should police crypto trading, custody, tokenization and decentralized finance.

Magazine: SEC’s U-turn on crypto leaves key questions unanswered

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Trump signs resolution killing IRS DeFi broker rule

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Trump signs resolution killing IRS DeFi broker rule

Trump signs resolution killing IRS DeFi broker rule

US President Donald Trump on April 10 signed a joint Congressional resolution overturning a Biden-era rule that requires decentralized finance (DeFi) protocols to report to the country’s tax authority, the Internal Revenue Service.

The rule would have required DeFi platforms, such as decentralized exchanges, to file their gross proceeds from crypto sales and include information on those involved in the transactions.

Trump was widely expected to sign the bill, as White House AI and crypto czar David Sacks said in March that the president would support killing the measure.

This is a developing story, and further information will be added as it becomes available.

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