Tag: investment contracts

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Court Dismisses SEC Claim on Secondary Sales of BNB

The U.S. District Court for the District of Columbia has dismissed several claims in the U.S. Securities and Exchange Commission (SEC)’s case against Binance and its affiliates. This includes allegations related to secondary BNB sales and the sale of the stablecoin BUSD. However, the majority of the claims against the crypto exchange will proceed. Some…
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What Is the Howey Test? Understanding Its Role in Crypto Regulation

This year, with the U.S. Securities and Exchange Commission (SEC) increasing enforcement on businesses accused of offering unregistered crypto securities to American investors, regulators, attorneys, and judges have been utilizing the Howey Test to ascertain whether specific crypto assets constitute an “investment contract” and thereby fall under U.S. securities laws. Below is an in-depth exploration…
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Kraken Challenges SEC Overreach in Recent Court Filing

In a recent motion to dismiss a case brought by the Securities and Exchange Commission (SEC), cryptocurrency exchange Kraken argued that the SEC’s legal theory misinterprets crucial aspects of the case. The court document, dated May 9, 2024, claims the SEC fails to identify legitimate investment contracts involved in the transactions on Kraken’s platform. Kraken…
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SEC urges court to grant Ripple Labs appeal citing ‘knotty legal problems’

The SEC highlighted contradictory conclusions from similar cases and other pending decisions as some of the contentious legal issues. The United States Securities and Exchange Commission has submitted a filing urging the court to grant its motion to appeal a ruling from the Ripple Labs lawsuit that deemed the XRP (XRP) token to not be…
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LBRY Gears Up to Contest US Securities Law Violation Ruling

In a recently filed court document, blockchain-based publishing company LBRY has signaled its intent to challenge a New Hampshire district court’s verdict. This ruling, made in November 2022, concurred with the U.S. Securities and Exchange Commission (SEC) stating that LBRY presented its digital assets as securities or investment contracts. Unregistered Crypto Securities Saga: LBRY Challenges…
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Coinbase Becomes the Latest Target of SEC: Accused of Unregistered Brokerage and Securities Violations

After the U.S. Securities and Exchange Commission (SEC) sued Binance, it has now filed a legal case against the San Francisco-based exchange, Coinbase. The SEC alleges that Coinbase breached multiple securities regulations and has been functioning as an unregistered broker since 2019. SEC Alleges Coinbase Operated an Unregistered Brokerage and Committed Multiple Securities Offenses The…
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SEC Deems DASH, ALGO, and OMG ‘Unregistered Securities’ in Bittrex Lawsuit

According to the recent complaint by the U.S. Securities and Exchange Commission (SEC) against Bittrex, the securities regulator insists that a few crypto asset tokens were offered and sold as investment contracts and are securities. The news follows the SEC’s designation of several crypto assets as securities, including the case against Terraform Labs, which insists…
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