XRP Lawyer Challenges SEC On Security Terms Amid Commissioner Proposal

Ronny Mugendi
September 3, 2024
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Highlights

  • SEC's Mark Uyeda advocates for tailored S-1 forms for digital asset securities.
  • XRP lawyer Bill Morgan challenges SEC's vague digital asset terms.
  • Ripple's CLO criticizes SEC's use of the term 'crypto asset security.

XRP lawyer Bill Morgan recently expressed skepticism regarding the SEC’s terminology for digital assets. His concern centers around the appropriateness of the term “digital asset security” and the necessity for a dedicated S-1 registration proposed by SEC Commissioner Mark Uyeda.

XRP Lawyer Reacts to SEC Commissioner’s Proposal on Customized S-1 Forms

During a recent fireside chat at Korea Blockchain Week 2024, SEC Commissioner Mark T. Uyeda highlighted the need for tailored S-1 registration forms for digital asset securities. Uyeda’s proposal aims to accommodate the unique nature of digital assets, which often do not fit neatly into the traditional securities framework.

He illustrated his point by referencing registered index-linked annuities, which have already prompted the SEC to develop specialized registration requirements.

Uyeda stated,

“Just as we’ve tailored other registration processes to meet the specific needs of different financial products, it’s high time we did the same for digital asset securities.”

In addition, he suggested that this approach would prevent the imposition of irrelevant disclosure requirements on digital asset sponsors, who often find the standard S-1 form unsuitable for their products.

XRP lawyer Bill Morgan reacted to this update, questioning the regulators constant use of the term, “digital asset securities” despite courts ruling.

Bill Morgan

XRP’s Legal Challenges

Ongoing legal disputes between Ripple and the Securities and Exchange Commission have fueled the dialogue around digital asset classifications. Ripple and other companies like Coinbase have argued that the Securities and Exchange Commission current guidelines need more clarity. 

This lack of clear regulatory guidelines has led to significant legal contention, particularly concerning whether certain digital assets should be classified as securities.

Additionally, Ripple’s Chief Legal Officer, Stuart Alderoty, criticized the SEC terminology, stating, “The term ‘crypto asset security’ is nowhere to be found in any statute, it’s a fabricated term with no legal basis. His statement underscores the broader industry’s frustration as the XRP lawyer claimed unclear regulatory framework.

Future Directions in Digital Asset Regulation

Despite these challenges and criticism by the XRP lawyer, Commissioner Uyeda expressed hope for future legislative efforts. However, he noted cryptocurrencies are not prioritized in the regulatory agenda under Gensler’s leadership. This has left uncertainty in the space.

Uyeda emphasized the importance of considering international regulatory frameworks, as digital assets are a global concern beyond the United States. He mentioned the European Union, South Korea, and Japan as key jurisdictions that the SEC could look to for guidance.

The U.S. Securities and Exchange Commission actions in the coming months could have implications for the crypto industry. More so, firms like Ripple, which are at the crossroads of regulations will be affected.

Despite these legal challenges, Ripple XRP Ledger is set to receive smart contract functionalities, unlocking new Layer-1 features.

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Investment disclaimer: The content reflects the author’s personal views and current market conditions. Please conduct your own research before investing in cryptocurrencies, as neither the author nor the publication is responsible for any financial losses.
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Why Trust CoinGape

CoinGape has covered the cryptocurrency industry since 2017, aiming to provide informative insights Read more…to our readers. Our journal analysts bring years of experience in market analysis and blockchain technology to ensure factual accuracy and balanced reporting. By following our Editorial Policy, our writers verify every source, fact-check each story, rely on reputable sources, and attribute quotes and media correctly. We also follow a rigorous Review Methodology when evaluating exchanges and tools. From emerging blockchain projects and coin launches to industry events and technical developments, we cover all facets of the digital asset space with unwavering commitment to timely, relevant information.

About Author
About Author
Ronny Mugendi is a seasoned crypto journalist with four years of professional experience, having contributed significantly to various media outlets on cryptocurrency trends and technologies. With over 4000 published articles across various media outlets, he aims to inform, educate and introduce more people to the Blockchain and DeFi world. Outside of his journalism career, Ronny enjoys the thrill of bike riding, exploring new trails and landscapes.
Investment disclaimer: The content reflects the author’s personal views and current market conditions. Please conduct your own research before investing in cryptocurrencies, as neither the author nor the publication is responsible for any financial losses.
Ad Disclosure: This site may feature sponsored content and affiliate links. All advertisements are clearly labeled, and ad partners have no influence over our editorial content.