Stablecoins: SEC Says “Not Securities!” 🤯

Ah, the U.S. Securities and Exchange Commission (SEC). Always stirring the pot, aren’t they? ☕ They’ve deigned to clarify that some stablecoins, the ones clinging desperately to the U.S. dollar like a drowning man to a life raft, aren’t securities. Not securities! Imagine the audacity! Perhaps this will bring a sliver of clarity to the bewildering world of cryptocurrency and blockchain, or perhaps it will just create more confusion. Who can tell? 🤔

Image 1

US SEC Defines Covered Stablecoins

After what must have been an agonizingly long meeting (attended, no doubt, by individuals who haven’t seen daylight in weeks), the Division of Corporation Finance has unveiled its definition of “Covered Stablecoins.” These are the ones that cling to the dollar’s value like a lovesick poet to a sonnet. They’re supposedly backed by assets, “low-risk and highly liquid,” which sounds suspiciously like something you’d hear from a used car salesman. 💸 Ensuring, they say, that you can always get your dollar back. Always! Such confidence.

Apparently, the SEC believes these stablecoins are meant for mundane things like payment, transferring money and storing value. Not, heavens forbid, for actual investment. As if anyone truly believes that! 🙄

The SEC opines (and who are we to argue?) that the whole song and dance of minting and redeeming these coins isn’t covered by the Securities Act or the Securities Exchange Act. Therefore, those issuing and circulating these digital baubles are free from the SEC’s regulatory embrace. Lucky them. I suppose this means they can all sleep soundly tonight knowing they don’t have to fill out endless forms.

Image 2

Marketing of Stablecoins Clarified

The US SEC, in its infinite wisdom, has further elaborated that these “Covered Stablecoins” are being peddled as stable and reliable. No promise of riches or returns! Perish the thought! The SEC insists that they’re not advertised as investments. Of course not. And I’m sure no one expects to get rich quick. Right? Right? 😒 And they definitely don’t provide holders with any say in how things are run or any actual financial benefit based on how well the issuer is doing. No, no, no. That would be far too interesting.

The SEC aims to avoid any “confusion” (as if the entire cryptocurrency landscape isn’t one giant ball of confusion) about their classification as securities. This comes after the U.S. STABLE Act, because acronyms make everything clearer, right? 😄

The SEC also points out that these stablecoins are supposed to maintain a stable value compared to the dollar. They shouldn’t be bouncing around like Bitcoin or Ethereum. No, their role is to help you pay for things and hold value. The SEC’s words, not mine.

Image 3

Reserve Requirements for Stablecoins

The SEC continues to insist that these “Covered Stablecoins” can’t faithfully play the role of a security that promises profits or returns. They aren’t promoted as an investment (repeat after me: they are NOT an investment!), and they don’t give you any rights or financial rewards from the issuer. It’s all about stability, you see. Stability and… well, let’s not think too hard about what else.

The mission of the US SEC, they say, is to clarify the marketing strategies to avoid misunderstandings. Because everyone is just so easily confused these days. 😜

And, of course, the stable price. The SEC emphasizes that the price of these coins doesn’t fluctuate with the dollar. They’re relatively stable, unlike those wild cryptocurrencies like Bitcoin or Ethereum. They’re supposed to have fixed values, so they’re mainly used as a medium of exchange and a unit of account instead of producing revenue. All perfectly clear now, isn’t it? I feel so much better informed.

Image 4

SEC’s Application of Reves and Howey Tests

According to the legal analysis, the SEC used two tests: Reves and Howey. It sounds like some sort of vaudeville act. Under the Reves test, the SEC decided these “Covered Stablecoins” are like traditional commercial instruments, not securities. And the Howey test emphasizes that buyers use these assets for commercial reasons, expecting gains that aren’t profits. Because expecting gains that aren’t profits makes perfect sense. 🤔

Based on its analysis, the SEC decided that “Covered Stablecoins” don’t fall under the definition of securities under the federal securities laws. Why? Because they’re mainly used as a medium of exchange, not an investment vehicle. So there you have it. A simple, straightforward decision. 😇

This clarification comes as Congress continues to work on cryptocurrency legislation. While the SEC’s stance provides clarity on stablecoins, it doesn’t address other digital assets. What about yield-bearing tokens? Perhaps they’re next on the chopping block. This move aligns with ongoing efforts to regulate digital assets more comprehensively. So, buckle up. It’s going to be a long ride. 😴

Read More

2025-04-05 03:14