A recent US court ruling has brought a new chapter to industry regulation, lighting the way for exchanges like Coinbase and crypto investors. The Second Circuit Court of Appeals issued a ruling that reshapes how secondary sales of cryptocurrencies are viewed from a regulatory perspective, concluding that such transactions on Coinbase do not fall within the traditional definitions of the Securities Exchange Act of 1934.

This determination serves as a relief for the cryptocurrency sphere, although it does not completely dispel the clouds of uncertainty that hang over the regulation of this constantly evolving market. Coinbase emerged victorious in its defense against allegations that it could have imposed stricter regulations on its operations, based on arguments that it facilitated the unregistered offer and sale of securities in violation of regulations established by the Securities Act of 1933 and the Securities Exchange Act.

The legal battle centered on whether cryptocurrencies traded through the Coinbase platform could be classified as securities and therefore subject to stricter regulations imposed by the Securities and Exchange Commission (SEC). The court’s ruling in favor of Coinbase reaffirms the distinct nature of secondary cryptocurrency sales, which the court said do not fall into the category of securities as defined by the Securities Exchange Act.

This ruling represents a milestone for cryptocurrency enthusiasts who participated in secondary trades on the Coinbase platform between October 2019 and March 2022, offering much-needed clarity on the regulatory status of these transactions.

However, the verdict does not absolve Coinbase of all responsibilities. The court partially upheld a previous ruling suggesting the possibility of Coinbase being liable for the sale of unregistered securities under Section 12(a)(1) of the Securities Act. Furthermore, the decision raises questions about Coinbase’s user agreements, the changing nature of which adds layers of complexity to the legal implications of cryptocurrency transactions.

The ruling underscores the persistent debate over the proper regulation of cryptocurrencies in the United States, highlighting the discrepancy in interpretations between Coinbase and the plaintiffs. The verdict is seen by Coinbase as a confirmation of its stance, while the plaintiffs perceive it as a basis for future regulatory action.

This divergence of views highlights the urgent need for clear and comprehensive regulations for the cryptocurrency sector. Paul Grewal, Chief Legal Officer at Coinbase, expressed optimism that the decision will encourage constructive dialogue with regulators to promote responsible innovation in the sector.


The views and opinions expressed by the author, or anyone mentioned in this article, are for informational purposes only and do not constitute financial, investment or other advice. Investing or trading cryptocurrencies carries a risk of financial loss.

Source: https://portalcripto.com.br/decisao-judicial-esclarece-o-status-das-criptomoedas-na-coinbase/

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