• The unfolding SEC case against Binance sees Circle making a case for stablecoins’ exemption from financial trading laws.
• Circle’s stance highlights the foundational logic behind stablecoins, potentially setting a significant precedent in crypto regulation.

As the legal skirmish between Binance and the Securities and Exchange Commission (SEC) continues to unfold, stablecoin issuer Circle has stepped into the fray. The core of Circle’s argument is that stablecoins, whose value is anchored to other assets, should not be ensnared by traditional financial trading laws. This intervention comes in the wake of accusations made by the SEC in June, where Binance was charged with multiple legal infractions for facilitating trades in cryptocurrencies like Solana’s SOL, Cardano’s ADA, and the Binance stablecoin BUSD, which were alleged to be unregistered securities according to recent update by CoinDesk.

The Larger Narrative in Crypto Regulation

This lawsuit, now seen as a pivotal case in the crypto-legal world, embodies the broader regulatory discourse grappling with the burgeoning cryptocurrency industry. With Binance, a behemoth in the crypto arena alongside rivals like Coinbase, at the heart of this case, it underscores the industry’s collective endeavor to advocate that existing rigid U.S. financial laws are unsuitable for governing cryptocurrencies.

Circle maintains that dollar-tethered assets such as BUSD and its own USDC cannot be classified as securities, primarily because their users harbor no expectations of profits from standalone purchases. In its filing, Circle clarified,

“Payment stablecoins, on their own, do not have the essential features of an investment contract,” thereby suggesting they are outside the SEC’s jurisdiction. This stance is fortified by “decades of case law” supporting the notion that an asset sale, devoid of any post-sale commitments by the seller, does not establish an investment contract.

Binance’s Rebuttal and the SEC’s Claims

In a rebuttal to the SEC’s accusations, Binance, along with its U.S. arm and owner Changpeng “CZ” Zhao, filed a motion last week to dismiss the case. They argue that the SEC is overstepping its bounds, seeking authority over digital assets without congressional backing. Contrarily, the SEC posits that BUSD was peddled as an investment contract, given Binance’s marketing strategies that promised yields through reward programs, thereby stepping into the purview of SEC’s regulatory scope.

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