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SEC States That Meme Coins Are Not Securities

On Thursday, the Securities and Exchange Commission (SEC) made an important announcement regarding meme coins, which are cryptocurrency tokens that originated from internet memes. The SEC clarified that it does not consider most of these meme coins to be securities under U.S. federal law. This means that individuals who buy or hold meme coins are not protected by federal securities laws, and those involved in the sale of these coins do not need to register their transactions with the SEC. This guidance marks a significant shift in how the SEC views these types of cryptocurrencies.

The context of this announcement is particularly interesting. It comes during the second term of former President Donald Trump, who has been actively involved in the cryptocurrency space. Notably, Trump issued an executive order to create a new government agency called the Department of Government Efficiency, which is led by Elon Musk and is named after the popular meme coin, Dogecoin. Additionally, just before his inauguration, Trump launched his own meme coin called $TRUMP. However, this coin has faced significant challenges, losing $12 billion in value since its peak on January 19, according to reports.

Mark Uyeda, the SEC chairman appointed by Trump in January, has previously indicated that he wants to establish clear regulations surrounding cryptocurrencies. On his very first day in office, he announced the creation of a cryptocurrency task force to tackle these issues. Uyeda’s SEC believes that meme coins should not be classified as securities because they do not provide any yield or rights to future income, profits, or business assets. Instead, the SEC compares meme coins to collectibles, which are items that people buy and sell for their novelty or rarity rather than for investment purposes.

This new guidance on meme coins is a notable departure from the stance taken by the SEC under former chairman Gary Gensler. Gensler had consistently argued that many crypto tokens, including meme coins, should be treated as securities. He urged crypto service providers to register with the SEC proactively, indicating a much stricter regulatory approach. The shift in perspective under Uyeda suggests a more lenient and less restrictive framework for meme coins, which could have significant implications for the cryptocurrency market.

Read Also: MTN Sees N400 Billion Loss Due to Naira Devaluation

In addition to the guidance on meme coins, the SEC also announced on Thursday that it has dismissed its lawsuit against Coinbase, the largest cryptocurrency exchange in the United States. This move could indicate a broader shift in the SEC’s approach to regulating cryptocurrencies and may signal a willingness to engage more constructively with the crypto industry. Uyeda emphasized that the SEC’s previous methods of addressing crypto issues were primarily through enforcement actions, which did not involve public engagement.

Uyeda’s statement reflects a desire for the SEC to adopt a more transparent approach to developing cryptocurrency policy. By moving away from a purely enforcement-based strategy, the SEC aims to establish clearer guidelines that can help both investors and companies navigate the complex world of cryptocurrencies. This change in approach could foster a more open dialogue between regulators and the cryptocurrency community, ultimately benefiting all parties involved.

Overall, the SEC’s recent guidance on meme coins and its dismissal of the lawsuit against Coinbase mark significant developments in the regulatory landscape for cryptocurrencies in the United States. As the SEC seeks to clarify its position on these digital assets, it may pave the way for a more stable and regulated environment for both investors and innovators in the crypto space. The ongoing evolution of cryptocurrency regulations will be closely watched by industry participants and investors alike, as it could shape the future of digital currencies in the years to come.

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