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What is the Definition of Capricious? One Example by SEC

By Cornell Rachel
Oct 31, 2023
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This article is about what is the definition of capricious. The term "capricious" is an adjective that describes a person's behavior or a decision as characterized by sudden and unpredictable changes, whims, or impulsive actions, often lacking a rational or consistent basis.

What is the Definition of Capricious?

Capricious is an adjective that describes someone or something that is unpredictable, impulsive, or whimsical. A capricious person may change their mind or mood without any apparent reason or logic. A capricious weather may switch from sunny to stormy in a matter of minutes. A capricious decision may be based on a whim or a fancy rather than on careful thought or planning.

One Example by SEC

One example of a capricious decision that has recently made headlines is the ruling by the U.S. Court of Appeals for the District of Columbia Circuit that reversed a previous order by the Securities and Exchange Commission (SEC) to spike futures calls on the Chicago Board Options Exchange (CBOE). Futures calls are contracts that give the buyer the right to buy an underlying asset at a specified price and time in the future. The SEC had ordered CBOE to stop trading futures calls on certain stocks, such as GameStop and AMC, that were subject to extreme volatility and speculation in January 2021. The SEC claimed that the futures calls posed a threat to market integrity and investor protection.

However, the appeals court disagreed with the SEC and found that its order was arbitrary and capricious, meaning that it was not based on a rational explanation or evidence, but rather on an unreasonable or irrational judgment. The court said that the SEC failed to provide adequate reasons for its decision, did not consider the potential benefits of futures calls for market efficiency and liquidity, and did not address the arguments raised by CBOE and other parties. The court also said that the SEC did not follow its own procedures and guidelines for issuing such orders, and violated the due process rights of CBOE and its customers.

The court's ruling was a victory for CBOE and its traders, who argued that futures calls are a legitimate and useful tool for hedging and speculation, and that the SEC's order was an overreach of its authority and a violation of its mandate to promote fair and orderly markets. The ruling also raised questions about the SEC's ability and willingness to regulate new and innovative financial products, such as cryptocurrencies and decentralized finance (DeFi), that challenge the traditional norms and structures of the financial system.

The SEC has not yet announced whether it will appeal the court's ruling or seek a rehearing. In the meantime, CBOE has resumed trading futures calls on the stocks that were previously banned by the SEC, and has seen a surge in demand and volume for these contracts. The market reaction to the court's ruling shows that investors are eager to participate in new and exciting opportunities, even if they entail high risks and uncertainties. The SEC will have to balance its role as a regulator and protector of investors with its role as a facilitator and promoter of innovation and competition in the financial markets.

Bottom Line

In this article, we have discussed what is the definition of capricious. it may face more challenges and reversals from the courts and the public, who may perceive its actions as arbitrary and capricious.

Disclaimer: The information on this page may have been obtained from third parties and does not necessarily reflect the views or opinions of BitKan. This content is provided for general informational purposes only, without any representation or warranty of any kind, nor shall it be construed as financial or investment advice. BitKan shall not be liable for any errors or omissions, or for any outcomes resulting from the use of this information. Investments in digital assets can be risky. Please carefully evaluate the risks of a product and your risk tolerance based on your own financial circumstances. Products mentioned in this article may not be available in your region.

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