Coinbase Asks U.S. Appeals Court to Say On-Platform Crypto Trades Aren’t Securities

Key Points

  • Coinbase has petitioned the Second Circuit Court of Appeals to decide if crypto trading on its platform should be subject to securities laws.
  • The case is seen as a critical opportunity to clarify the legal status of secondary trading of digital assets.
  • Coinbase argues that its trading system does not meet the criteria of the Howey test for securities.
  • The SEC's case against Coinbase has been paused to allow for this appeal.
  • The SEC has formed a new crypto task force, signaling a potential shift in regulatory approach.

Summary

Coinbase has approached the U.S. Second Circuit Court of Appeals to determine whether the trading activities on its platform should be regulated under federal securities laws. This move comes after the Southern District of New York issued a stay in the SEC's lawsuit against Coinbase, which accused the exchange of operating without proper registration as a securities exchange, broker, and clearing agency. Coinbase contends that the secondary market trading of digital assets on its platform does not constitute an "investment contract" under the Howey test, primarily because the anonymity in its trading system negates the existence of a common enterprise. The case has been highlighted as a pivotal moment for providing clarity in the crypto industry, which has been grappling with regulatory ambiguity. Concurrently, the SEC, now led by Acting Chair Mark Uyeda, has established a crypto task force, indicating a possible shift from its previous enforcement-centric approach to a more proactive regulatory framework, aiming to reduce confusion and foster innovation in the sector.

coindesk
January 22, 2025
Crypto
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