Key Points:
- Grayscale Investments revealed that it had filed a request with the SEC to revoke the Trust’s Declaration of Registration on Form 10.
- The SEC urged Grayscale to remove the FIL Trust’s Declaration of Registration, which led to the above decision.
- Filecoin has been listed by the SEC as securities in recent lawsuits.
Grayscale Investments, the world’s biggest digital currency asset management and sponsor of Grayscale Filecoin Trust, revealed today that it had filed a request with the Securities and Exchange Commission (SEC) to have the Trust’s Registration Statement on Form 10 withdrawn.
The company expects to continue delivering reports for the Trust in accordance with the OTCQB’s Alternative Reporting Standards.
Grayscale voluntarily files Registration Statements on Form 10 with the SEC in order to offer comprehensive and fair risk disclosures and other upgrades for Grayscale’s products, as well as increased transparency to investors.
Grayscale Investments first submitted the Trust’s Registration Statement on April 14, 2023. Grayscale revealed on May 16, 2023, that it received a comment letter from the SEC staff urging that Grayscale remove the Trust’s Registration Statement; the SEC staff indicated that the Trust’s underlying asset, Filecoin (FIL), fulfills the definition of a security under federal securities laws.
The company replied to the SEC staff on June 6, 2023, with an explanation of the legal foundation for Grayscale’s claim that FIL is not a security based on a study of Howey case law. After the SEC’s designation of FIL as a security in various filings in federal district court, the SEC staff reaffirmed their desire for Grayscale to seek removal of the Trust’s Registration Statement in subsequent written contact. Grayscale indicated in its withdrawal request that it still believes FIL is not a security for the reasons outlined in its June 6, 2023 letter.
Filecoin is listed as one of the tokens considered by the SEC to be a security in the lawsuit against Binance and Coinbase.
Protocol Labs, the Filecoin development company, has spoken out against the SEC’s allegations. The company cited the importance of multiple FILs in response to the SEC definition of FIL in its enforcement actions against exchanges and emphasized that many policymakers, including members of the US Congress, have publicly stated that Filecoin is not a security
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Harold
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