작성자 ZyCrypto - 1년 전 - 읽기 시간: 2분
왜 프로-Ripple 변호사는 XRP가 증권으로 판매되더라도 증권으로 분류될 수 없다고 말합니다.
미국 검사 John Deaton이 XRP 암호화폐를 분류할 수 없는 이유에 대해 자세히 설명했습니다. 보안으로 even if blockchain payments company Ripple sold it to the public as an investment contract.
"XRP는 디지털 코드로 남아 있습니다": John Deaton
The debate over whether XRP should be deemed a security rages, something that is the crux of the legal battle between Ripple 및 미국 증권 거래 위원회(SEC).
In a detailed Twitter thread on Friday, CryptoLaw founder John E Deaton asserted that XRP “remains a digital code” even if Ripple sold it as an investment contract (read: security) in the past or is still selling it now.
Deaton noted that just because someone used bitcoin (BTC) as a security, it didn’t turn it into a security. Similarly, in the LBRY Credits (LBC) case, the judge ruled that LBRY sold LBC as an investment contract when it made direct sales. In the lawyer’s view, LBC remains a software code and nothing else. The SEC even admitted on record that the sale of LBC tokens in the secondary market did not constitute a security. This means LBC itself does not qualify as a security. If it did, the court’s ruling would apply to all of its sales.
동일 적용 Ripple’s XRP. However, Deaton notes that the commission has previously implied that the XRP token itself is a security. “This novel and dangerous embodiment theory is how the SEC is attempting to expand its jurisdictional reach into secondary market transactions. The theory stretches Howey beyond recognition,” he added.
그럼에도 불구하고 기본 자산은 투자 계약 사례의 보안이 아니며 새로운 Howey 테스트에는 각 제안 또는 판매 시점에 Howey 분석이 필요합니다. 이것이 Deaton이 Analisa Torres 지방 판사가 XRP 소송에서 SEC의 약식 판결 동의를 거부할 것이라고 확신하는 이유입니다.
Bitcoin was Once Sold As A Security
Deaton also cited the crypto market lodestar, bitcoin, as he explored the XRP security issue. He notes that the digital asset was once “packaged, marketed, offered and sold” as an investment contract. This is the case for condos, chinchillas, and beavers. Even though they can be sold as investment contracts, that doesn’t mean they turn into securities.
SEC 조치를 취 반대 Ripple in December 2020, contending that it had sold an unregistered security since 2013. Two years later, the high-profile case grossly muddied Ripple’s reputation drags on. A ruling is expected in the first half of 2023 — barring an unlikely settlement. Most XRP loyalists believe Ripple has the upper hand in the case, and they are convinced the company will ultimately prevail.
즉, 암호화폐 산업이 오랫동안 요구해 온 규제의 명확성은 다음과 같은 형태로 나타날 가능성이 가장 높습니다. 결정의 in the SEC v. Ripple 소송.
원본 출처 : ZyCrypto