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Sale of XRP on Exchanges Not Investment Contracts, Court Rules in SEC Case Against Ripple

A U.S. federal court has delivered a crucial ruling on the long-awaited Securities and Exchange Commission (SEC) case in a major victory for Ripple and the broader crypto community.

In a major win for Ripple and the wider cryptocurrency community, a federal court in the United States has made a crucial ruling on the long-awaited Securities and Exchange Commission (SEC) case. The court approved Ripple's motion for summary judgment, stating that selling XRP tokens on exchanges is not an investment contract. However, it also found that the institutional sale of XRP did breach federal securities laws.


The court's decision has significant implications for cryptocurrencies' regulatory landscape, as it clarifies how crypto tokens are viewed under U.S. securities law. This ruling could impact numerous tokens and exchanges that have faced SEC scrutiny in recent months, making it a landmark moment for the crypto industry.


According to the court order, Ripple initially sold approximately $728.9 million worth of XRP directly to institutional buyers and other parties, constituting unregistered investment contracts. These institutional sales were found to have violated federal securities law, as investors expected to profit from Ripple's efforts to promote and enhance the value of XRP.


On the other hand, the court ruled that "programmatic sales" of XRP through exchanges and algorithms did not qualify as securities. The SEC was unable to demonstrate that speculative investors had a reasonable expectation of profits derived from the entrepreneurial or managerial efforts of others in these cases.


The court's decision also addressed the sales of XRP by Ripple's CEO Brad Garlinghouse, co-founder Christian Larsen, and other distributions related to Ripple's initiatives. It granted Ripple's motion for summary judgment in these areas, further shaping the outcome of the case.


While the court denied the SEC's motion for summary judgment on the "aiding and abetting claim" against the executives, it acknowledged the uncertainty regarding whether securities laws or other regulatory regimes applied to XRP.


In response to the ruling, the price of XRP experienced a substantial surge, underscoring the significance of this decision for Ripple and the broader crypto market. Ripple's CEO, Brad Garlinghouse, expressed gratitude for the support received and emphasised the positive implications for crypto innovation in the United States.


The ruling has ignited conversations and discussions within the crypto community and beyond. Industry experts, legal professionals, and market participants are eagerly analysing the court's decision and its potential implications for the future.


With the distinction between institutional and programmatic sales clarified, this ruling is expected to impact how other tokens and exchanges are perceived under U.S. securities law. Projects and platforms will likely reassess their token sales and distribution strategies, taking into account the court's findings.


We will continue to monitor the aftermath of this ruling and provide updates on the implications it holds for the crypto community. Exciting times lie ahead as the industry adapts to new regulatory landscapes and works towards a more mature and inclusive ecosystem.

July 13, 2023
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