It was noteworthy that the US Securities and Exchange Commission (SEC) did not qualify Ethereum (ETH) and Ripple (XRP) as securities in the lawsuit filed against Binance and CEO Changpeng Zhao (CZ).
SEC’s cryptocurrency exchange Binance and CEO CZ with 13 different reasons One of the remarkable details in the lawsuit he filed by accusing him of Ethereum And Ripple on the subject silence it happened. In the list presented in the case file, a total of 12 different cryptocurrencies are defined as securities, while Ethereum and Ripple are not. not included in the list.
Many market analysts argue this situation between the SEC and Ripple. pending litigation attributed to its turbulent nature. Institutions and individuals, who generally refrain from commenting on pending cases, may also have followed such a strategy.
On the other hand, cryptocurrencies with securities status as stated in the case file Although not limited to 12 This list, which is presented on a case-by-case basis, is not exhaustive. At this point, Ethereum and Ripple even if it is seen as a security There is a possibility that they were not included in the case in question.
On the other hand, Ethereum’s many-time SEC Chairman Gary Gensler It should be taken into account that it is considered as a security by the Even Gensler in a speech All cryptocurrencies except Bitcoin stated that it could be included in the securities status.
Still, inconsistent statements from US regulatory agencies continue to come. The Commodity Futures Trading Commission stated in a statement at the beginning of March that Ethereum could be a commodity. (CFTC) Chairman Rostin Behnamemphasized that Ethereum falls under their jurisdiction.
At this point, it has been used for a long time at the point of whether a financial product is a security or a commodity. Howey testindicates that assets other than Bitcoin are securities. This test; It considers 4 important factors: money investment, joint venture, reasonable profit expectation and third party labor.
It is striking that the statements used in the recent case files clearly emphasize the Howey test.