First Mover Americas: Circle Argues Stablecoins Aren’t Securities in Response to SEC’s Binance Lawsuit – CoinDesk
Circle, a prominent digital currency company, is fighting back against the Securities and Exchange Commission’s (SEC) recent lawsuit against Binance by arguing that stablecoins should not be classified as securities. The SEC alleges that Binance, a popular cryptocurrency exchange, offered and sold digital assets that meet the definition of securities, without registering the offerings.
Stablecoins are a type of cryptocurrency that strive to maintain a stable value by pegging their worth to another asset, such as the US dollar. Circle claims that stablecoins, like its own USDC (USD Coin), do not possess the characteristics of traditional securities and should not be subject to the same regulatory framework.
In its response to the SEC’s lawsuit, Circle points out that stablecoins are primarily used as a medium of exchange and provide a means of facilitating transactions within the digital currency ecosystem. Unlike securities, stablecoins do not represent ownership in an underlying asset or a claim to future profits. Circle argues that stablecoins are fundamentally different from traditional securities and should be regulated accordingly.
The SEC has previously stated that certain cryptocurrencies may be classified as securities if they meet specific criteria, such as being offered and sold as investment contracts or representing ownership in a common enterprise. However, Circle argues that stablecoins do not meet these criteria, as their primary function is to serve as a digital representation of fiat currency, rather than an investment vehicle.
Circle’s stance on the issue is backed by other industry participants as well. Jeremy Allaire, the CEO of Circle, has openly expressed his belief that USDC should not be classified as a security, stating that it is more akin to electronic money or digital cash. Additionally, the Blockchain Association, a trade association representing the blockchain industry, has also supported Circle’s position, highlighting the differences between stablecoins and traditional securities.
The outcome of this legal battle between the SEC and Binance will likely have significant implications for the broader cryptocurrency industry. If Circle’s argument holds, it could set a precedent for the treatment of stablecoins and potentially alleviate some regulatory concerns surrounding their issuance and use. On the other hand, a ruling in favor of the SEC could lead to increased scrutiny and regulatory requirements for stablecoin issuers.
As the case unfolds, it will be interesting to see how the SEC responds to Circle’s arguments and whether the court ultimately agrees with Circle’s position. The classification of stablecoins as either securities or a different type of digital asset will have far-reaching consequences for the cryptocurrency ecosystem, potentially shaping the future of digital currencies and their regulatory environment.
