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Read more: Coinbase Ventures Review: The Most Dynamic Investment Fund
In a bid to expedite a resolution on the classification of digital assets, the company has filed a motion seeking permission to appeal a recent ruling by a federal judge.
Last month, Judge Katherine Polk Failla rejected Coinbase’s attempt to dismiss the lawsuit brought forth by the SEC, allowing the case to proceed. Central to the dispute is whether digital assets should be deemed investment contracts, thereby falling under the SEC’s regulatory purview.
Coinbase contends that the SEC’s application of the Howey test, a legal benchmark for identifying securities, has created ambiguity in defining what constitutes a security in the realm of cryptocurrencies.
In Coinbase appeal, the exchange is specifically challenging the notion that a digital asset transaction automatically qualifies as an investment contract if it lacks a formal contractual obligation from the token’s issuer. The exchange argues that once a digital asset enters secondary markets, detached from its initial issuance, it should no longer be subject to SEC regulation.
This move underscores the broader debate within the cryptocurrency industry and regulatory circles over the classification and regulation of digital assets. Coinbase appeal seeks to address this uncertainty and provide clarity on the regulatory framework governing cryptocurrency transactions.
However, the approval of an interlocutory appeal, filed before the conclusion of legal proceedings, remains uncertain. Previous attempts by the SEC to pursue similar appeals, as seen in the case against Ripple last year, were unsuccessful.
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