Coinbase CLO Comments on SEC Amendment in Binance Case

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by Giorgi Kostiuk

2 years ago

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  1. SEC's Note in the Complaint
  2. Comment by Coinbase CLO
  3. Reaction of Former SEC Director

  4. Coinbase Chief Legal Officer Paul Grewal commented on a footnote in the SEC's complaint against Binance regarding the status of crypto assets.

    SEC's Note in the Complaint

    In its footnote, the SEC stated that the use of the term 'crypto asset securities' does not imply that crypto assets themselves are securities. The SEC added that the term is used as a shorthand and regretted any confusion caused. The complaint also states that crypto assets remain the subject of an investment contract, and their economic reality has not changed.

    Comment by Coinbase CLO

    Paul Grewal noted that the SEC regretted the confusion and emphasized that the SEC previously claimed tokens themselves to be securities, which they have now refuted.

    Reaction of Former SEC Director

    Former SEC regional director Marc Fagel disputed the significance of this statement, noting that Crypto Twitter mistakenly assumed that the SEC would remove tokens from the complaint, which it did not do.

    The situation highlights the complexities of regulating crypto assets, as various actors continue to offer their interpretations.

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