⚖️ SEC’s Crypto Rebel Speaks: “Most Tokens Aren’t Securities
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Updated at: 10 hours ago
{"content":"⚖️ SEC’s Crypto Rebel Speaks: “Most Tokens Aren’t Securities”
At SEC Speaks, Crypto Task Force head Hester Peirce discussed crypto asset identification.
Peirce said most crypto assets aren't securities by design.
Economic conditions might potentially influence crypto assets under securities rules, she noted.
In a Monday address, Crypto Task Force chairman Hester Peirce explained how the SEC classifies crypto assets under securities rules.
Commissioner Hester Peirce proposes SEC crypto rules.
At the SEC Speaks event on Monday, Crypto Task Force head Hester Peirce stressed the need for crypto industry transparency. Peirce said that the Commission has had over 100 meetings with crypto industry leaders and issued crypto regulatory guidelines to explain digital assets.
She said industry executives debate whether crypto assets constitute securities. According to Peirce, most crypto assets do not belong under that group.
She said "economic realities matter" for non-securities crypto assets.
Peirce reaffirmed the Task Force's opposition to meme coins as securities. She emphasized that a cryptocurrency must have economic rights in a firm or organization to be a security.
"Crypto assets that do not represent economic rights or an interest in a business entity or other promisor […] and are solely for use or consumption should not be subject to the federal securities laws," he said.
If they fulfill regulatory standards, investment contracts may operate without full securities registration.
She said the Commission might apply an exemption for crypto airdrops from securities registration.
"The Commission might establish an exemption framework so that certain distributions of crypto assets as part of a 'airdrop' are not deemed 'offers' or 'sales' subject to registration," Peirce said.
Peirce also stressed the need for regulatory clarity on when an investment contract and crypto asset are separated. Some courts consider secondary crypto asset sales securities transactions. Peirce advises the Commission not to rely on judicial decisions.
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