Sale of XRP on Exchanges Not Investment Contracts, Court Rules in SEC Case Against Ripple
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In a major win for Ripple and the wider cryptocurrency community, a federal court in the United States has made a crucial ruling on the long-awaited Securities and Exchange Commission (SEC) case. The court approved Ripple's motion for summary judgment, stating that selling XRP tokens on exchanges is not an investment contract. However, it also found that the institutional sale of XRP did breach federal securities laws.
The court's decision has significant implications for cryptocurrencies' regulatory landscape, as it clarifies how crypto tokens are viewed under U.S. securities law. This ruling could impact numerous tokens and exchanges that have faced SEC scrutiny in recent months, making it a landmark moment for the crypto industry.
According to the court order, Ripple initially sold approximately $728.9 million worth of XRP directly to institutional buyers and other parties, constituting unregistered investment contracts. These institutional sales were found to have violated federal securities law, as investors expected to profit from Ripple's efforts to promote and enhance the value of XRP.
On the other hand, the court ruled that "programmatic sales" of XRP through exchanges and algorithms did not qualify as securities. The SEC was unable to demonstrate that speculative investors had a reasonable expectation of profits derived from the entrepreneurial or managerial efforts of others in these cases.
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The court's decision also addressed the sales of XRP by Ripple's CEO Brad Garlinghouse, co-founder Christian Larsen, and other distributions related to Ripple's initiatives. It granted Ripple's motion for summary judgment in these areas, further shaping the outcome of the case.
While the court denied the SEC's motion for summary judgment on the "aiding and abetting claim" against the executives, it acknowledged the uncertainty regarding whether securities laws or other regulatory regimes applied to XRP.
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US and EU Lawyer - Banking, Corporate, and Investment Advisory
1 年Interesting decision. Suggests that cryptocurrency businesses will need to take extra care when creating and executing their various types of counterparty relationships.
?Cryptocurrency Mining Specialist | Hardware Supply & Overclock Solutions |Large-Scale Immersion/Hydro Cooling Systems solution Expert
1 年"Wow, this ruling is a game-changer for the crypto world! It's refreshing to see courts take a nuanced view of such a complex industry. Now, we've got a clearer picture of the regulatory framework. Let's keep the conversation going..."