The US Securities and Exchanges Commission (SEC) is still on with its legal tussle against Ripple and Coinbase, with neither parties willing to bend.
The only way Ripple and the SEC settle before the end of the year is if Judge Failla grants the Coinbase MTD , the credibility of the SEC would be questioned significantly.
While the judge ruled that programmatic sales aren’t considered securities, sales of XRP tokens to institutional investors are indeed investment contracts. In this last case, Ripple did breach the US securities law and will need to keep litigating over the around $729 million it received under written contracts.The ruling offers a partial win for both Ripple and the SEC, depending on what one looks at.
Still, the ruling doesn’t help much to answer the key question of what makes a digital asset a security, so it isn’t clear yet if this lawsuit will set precedent for other open cases that affect dozens of digital assets. Topics such as which is the right degree of decentralization to avoid the “security” label or where to draw the line between institutional and programmatic sales are likely to persist.
If not otherwise explicitly mentioned in the body of the article, at the time of writing, the author has no position in any stock mentioned in this article and no business relationship with any company mentioned. The author has not received compensation for writing this article, other than from FXStreet.
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