In a legal dispute between Binance and the SEC, Binance’s legal team has expressed concerns about the US SEC’s classification of most crypto as securities.
This clash highlights the ambiguity in regulatory guidelines, which makes compliance difficult for crypto companies.
Binance believes the SEC’s lack of clarity in crypto company regulations creates difficulty. The SEC encourages crypto firms to register, but the lack of clear guidelines makes it difficult for these companies to meet regulatory requirements. Binance claims that this confusion impedes the growth of legitimate businesses in the crypto market.
At the heart of the legal debate is the application of the SEC’s Howey test, which determines whether an asset is a security.
Binance expresses concern that if the SEC classifies all digital assets as securities, it will stifle innovation and prevent the emergence of new ideas in the crypto space.
Judge Amy Berman Jackson actively participated in the proceedings, questioning SEC lawyers about their stance on cryptocurrencies.
She sought clarification on whether the SEC considers all crypto to be securities and where the regulatory line is drawn.
The SEC maintained that the Howey test applies to all assets, including crypto. They argue that explicit warnings to firms about potential violations of securities laws are unnecessary.
