Circle Intervenes in SEC vs. Binance Case, Arguing Stablecoins Should Not Be Classified as Securities
In the ongoing legal battle between the SEC and Binance, stablecoin issuer Circle has intervened, asserting that stablecoins should not be categorized as securities under existing financial regulations. This comes after Binance faced legal accusations from regulators earlier this year for enabling transactions in multiple cryptocurrencies that the SEC claimed were unregistered securities.
Circle Challenges SEC’s Categorization of Stablecoins
Circle argues that stablecoins like BUSD and USDC, designed for payments, are not investment contracts and fall outside of SEC jurisdiction. According to Circle, decades of case law support the view that an asset sale without any post-sale promises or obligations does not establish an investment contract. They also argue that users of stablecoins do not expect to gain profits from individual purchases, countering the SEC’s accusation that Binance promoted BUSD by offering yield through reward programs.
SEC’s Lawsuit Against Binance
The SEC alleges that Binance enabled transactions in cryptocurrencies such as SOL, ADA, and BUSD, which they consider unregistered securities. The SEC claims that Binance presented BUSD as an investment contract through promotional activities offering yield. In response, Binance filed a motion to dismiss the case, arguing that the regulator exceeded its authority. Circle’s involvement as an amicus curiae was supported by its Chief Legal Officer and former chair of the Commodity Futures Trading Commission.
Hot Take: Circle’s Intervention Highlights Regulatory Uncertainty Surrounding Stablecoins
The intervention by Circle in the SEC vs. Binance case sheds light on the ongoing debate about whether stablecoins should be classified as securities. As more regulatory scrutiny is placed on digital assets, it becomes crucial to define the regulatory framework for stablecoins. Circle’s argument that stablecoins designed for payments do not meet the criteria of investment contracts adds an important perspective to the discussion. This case has broader implications for the cryptocurrency industry as it navigates regulatory challenges and seeks clarity on how different types of digital assets should be regulated.
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