S&C: Nem tudo será 'security' — separando categorias de cripto

🔍 Já imaginou a S&C dizendo que não vai tratar todas as criptomoedas como "security"?

• O que foi dito:
- "Mas não vamos colocar tudo como security" — há diferença entre ativos.
- A ideia: separar claramente o que é commodity, valor mobiliário, ferramentas, colecionáveis e stablecoins.

• Por que isso importa:
- Menos incerteza regulatória ✅
- Projetos...

#criptomoedas #regulação #blockchain #HoweyTest #stablecoins #MorningCrypto

People should understand that companies going forward will just issue crypto tokens instead of deal with the securities regulations that have protected investors for a century. There will be no disclosure of things like income, assets, ownership structure, and risks.

The #SEC has already changed the rules so that a company that wants to issue a token to raise money can just say "this is not a security and thus is unregulatable" and if the SEC does not object within 60-90 days then that company is in the clear permanently.

Mark my words, we're going to see #SpaceX, #Tesla, #OpenAI, and all the other opaque private companies burning insane amounts of money issuing tokens in the not to distant future.

https://x.com/BanklessHQ/status/1906753486659920045

#uspol #finreg #CFTC #regulation #corruption #HoweyTest #howey #RobinHood #VladTenev

> #Biden’s #SEC found a particular target in the #cryptocurrency industry. #Gensler, an ally of #ElizabethWarren, filed more than eighty legal actions arguing that #crypto firms or promoters had violated the #law, most often by selling unregistered #securities.

And how many of those legal actions have found wrong doing? Just #ftx? Why not just define what a security is instead of suing everyone?

https://archive.ph/lXdCh

#ripple #garyGensler #bitcoin #web3 #howeyTest #uspol

The SEC *will* lose its case to regulate NFTs as securities because NFTs categorically fail the Howey test:

"The test is whether the scheme involves an investment of money in a common enterprise with profits to come solely from the efforts of others."

NFTs are not an enterprise, nor does anyone expend "effort" to help you realize profits. You buy them because you think they will passively increase in value over time. Like a stamp collection.

#sec #nft #securities #howeytest #crypto