Kraken Joins Coinbase and Binance in Legal Battle for Clear Crypto Rules

Kraken Joins Coinbase and Binance in Legal Battle for Clear Crypto Rules

RegulationLegal

By Jakub Lazurek

23 Feb 2024 (3 months ago)

2 min read

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Kraken, Coinbase, and Binance unite against SEC for clearer crypto regulation

In a significant development, Kraken joins forces with Coinbase and Binance in a legal challenge against the US Securities and Exchange Commission (SEC), advocating for clearer cryptocurrency regulations. This union represents a critical moment in the ongoing debate over how digital currencies should be regulated. Kraken has been vocal in urging for more explicit guidelines, suggesting that the responsibility to define the SEC's boundaries should fall to Congress. This call for clarity comes amid escalating tensions between crypto exchanges and the SEC over the regulatory treatment of cryptocurrencies.

Coinbase has intensified its conflict with the SEC, demanding more transparent rules and contesting the commission's approach to crypto. Similarly, Binance is actively disputing the SEC's claims in court, questioning the commission's control over crypto asset management. During a congressional hearing on May 10, 2023, Kraken expressed concerns that current legislation is inadequate for the digital asset sector. The day following this testimony, the SEC signaled its plans to initiate legal action against Kraken.

In response, Kraken moved to dismiss the lawsuit, arguing that the digital assets in dispute do not meet the criteria for investment contracts and therefore should not fall under the SEC's jurisdiction. This argument is based on the Howey Test, a standard used by the SEC to determine whether an asset is a security. According to Kraken, none of its offered assets fit these criteria, challenging the SEC's stance. This confrontation marks a pivotal moment for the cryptocurrency industry, highlighting the need for regulatory clarity and questioning the SEC's oversight

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