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SEC case - Reves Test/ Notes and Ripple/XRP recent behaviour


Julian_Williams
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This theory that SEC and Ripple are settling by complying with Reve's test/ Notes (and that Howey is a distraction) makes a lot of sense.

If this is right, and I think he is because everything fits so neatly, XRP will be absolutely in the clear but SEC will be left able to attack every other crypto.  Can you imagine what that settlement solution would do to XRP price?  It would provide clarity.

FROM 7.50

https://www.youtube.com/watch?v=BI1c4TZHl5k

 

Edited by Julian_Williams
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  • Julian_Williams changed the title to SEC case - Reves Test/ Notes and Ripple/XRP recent behaviour

Very interesting. So under the Reves test, you start with "the presumption that a note is a security and the presumption is rebutted if the note bears a resemblance to one of the enumerated categories on a judicially developed list of exceptions". I never knew that. That would explain why the SEC views many cryptocurrencies and stablecoins as securities, wouldn't it? And why it recently secured a green light from the US Treasury to regulate stablecoins.

Would the SEC have to explicitly acknowledge XRP isn't a security, if XRP turns out to have resemblance to one or more of those categories? What's the law like in other countries? Do they have something similar to the Reves test? I can imagine the Biden administration diligently discussing these things with other countries, especially China. Will other crypto likely get a security bearer instrument designation in/from other countries?

Edited by Danny
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On 3.12.2021 at 02:25, panmores said:

Die Stille. Der 6. Dezember ist ein nächster Stichtag. Viel Lärm wäre nicht hilfreich reg. Siedlung. Lass Stille sein.

https://twitter.com/FilanLaw/status/1457581427529338888/photo/1

December 6th - St. Nicholas Day!

Does Nicholas bring something good for us? Or does he put coal in our shoes.;)

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