In a significant legal move, Coinbase has filed a petition with the U.S. Second Circuit Court of Appeals, seeking clarity on whether cryptocurrency trading activities on its platform fall under federal securities laws.
The petition calls for an urgent resolution to provide guidance on the legal treatment of secondary trading in digital assets.
Coinbase’s lawyers argued that the court’s intervention was critical to the crypto industry, financial institutions, and consumers. “This case cries out for the Court’s immediate attention,” the filing said. The company emphasized that it was important to resolve the legal uncertainty surrounding the status of secondary market crypto transactions, which it described as a “multi-trillion dollar industry.”
The exchange claimed that secondary crypto transactions on its platform did not meet the criteria of the Howey test, a legal standard used to determine whether a transaction qualifies as an investment contract. Coinbase noted that its platform operates on a blind bid-ask system where buyers and sellers are matched anonymously, eliminating the possibility of a joint venture, one of the key requirements of the Howey test.
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The filing comes as part of Coinbase’s ongoing legal battle with the U.S. Securities and Exchange Commission (SEC). The SEC filed a lawsuit against Coinbase in June 2023, accusing the exchange of operating as an unregistered securities exchange, broker, and clearinghouse. Coinbase’s attempt to dismiss the lawsuit was rejected by the Southern District of New York (SDNY), which found the SEC’s arguments “plausible.” However, earlier this month, an SDNY judge granted a rare stay, allowing Coinbase to appeal the matter to the Second Circuit for a final ruling.
Coinbase’s petition coincides with a significant development at the SEC. Under the leadership of Acting Chairman Mark Uyeda, the SEC announced the creation of a crypto task force led by Commissioner Hester Peirce, known for her crypto-friendly stance. The task force marks a departure from the agency’s previous “regulation through enforcement” approach under former Chairman Gary Gensler.
*This is not investment advice.
Continue Reading: Here’s First Update on Coinbase-SEC Case Under New SEC Management
