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SEC issues Framework for “Investment Contract” Analysis of Digital Assets


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The Finhub of the SEC just published a framework for “Investment Contract” Analysis of Digital Assets.

This framework provides guidance on when a digital asset is susceptible to qualify as a security. However, it should be stressed that, as per footnote 1 of the framework, "This framework represents the views of the Strategic Hub for Innovation and Financial Technology (“FinHub,” the “Staff,” or “we”) of the Securities and Exchange Commission (the “Commission”). It is not a rule, regulation, or statement of the Commission, and the Commission has neither approved nor disapproved its content. Further, this framework does not replace or supersede existing case law, legal requirements, or statements or guidance from the  Commission or Staff. Rather, the framework provides additional guidance in the areas that the Commission or Staff has previously addressed."

Can anyone knowledgeable on the subject elaborate whether this framework helps with the legal qualification of XRP as security or not?

Edited by Claddy
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I'm just a caveman who fell in some ice and later got thawed out by some of your scientists. Your world frightens and confuses me. My primitive mind can't grasp these concepts. But there is one thing I do know...many of the factors listed in the SEC Framework for "Investment Contract" Analysis of Digital assets are unfavorable to XRP's status in relation to Ripple, and even more so in the past than present.

--Keyrock

Edited by ICookinBrine
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38 minutes ago, ICookinBrine said:

I'm just a caveman who fell in some ice and later got thawed out by some of your scientists. Your world frightens and confuses me. My primitive mind can't grasp these concepts. But there is one thing I do know...many of the factors listed in the SEC Framework for "Investment Contract" Analysis of Digital assets are unfavorable to XRP's status in relation to Ripple, and even more so in the past than present.

--Keyrock

I saw some good things and some not so good things in this report. But I’m no expert is this area either. We really need at attorney that specializes in SEC regulations to weigh in on it. I’m sure one of them is looking into it now.

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