Ex – SEC staff explains:
Michael Didiuk advises, in the meantime, as a Partner at Perkins Coie, a the area of the Blockchain and Distributed Ledger technology (DLT) specialized law firm usually has its clients in relation to compliance with legal regulations in the framework of these new technologies.
His eight-year long past, at the U. S. Security and Exchange Commission, the US stock exchange Supervisory authority is now, however, in connection with a statement of relevance, which is one of Ripple Board member Ben Lawsky hosted a Panel discussion on Ripples Cryptocurrency XRP met and in an exclusive interview with the Modern Consensus in more detail explained.
Last Didiuk as an attorney Advisor in the Office of Compliance Inspections and Examinations of the SEC was, among other things, for leading audits of registered investment advisers, hedge funds, Crypto-asset funds, Private Equity funds, venture capital funds and Family Offices, responsible. As a member of the Fintech working groups of the SEC, including the Distributed Ledger Technology Working Group of the SEC, was Mike, the SEC focused on Blockchain, DLT and co. His statements in this area, reasons, so on some Foundation, and are just so interesting.
The Howey Test
The Howey Test result from a judicial process of the Supreme court of the United States (SEC vs. Howey) and has always served as a basis for decision-making is used, whether something is a “Security” under the Securities Act of 1933 or the Securities Exchange Act of 1934. A Coin or Token is not available, the “Howey Test” is not generally classified as a Security Token.
The Howey Test requires four factors –
1) investment of money,
2) In a common enterprise,
3) With the expectation of Gain,
4), mainly from the efforts/management services of others.
All four conditions have to be met by a Coin/Token as a “Security”.
If the Ripple disappears when the CEO getting hit by a Bus, if the company goes under, would XRP still exist. And that is why I see it so that it is in the case of XRP] no management services. Ripple has developed it and now it works independently in the Open Source world. And if the Ripple goes away, as I said, would XRP still work. […] The leadership of other XRP is not. In the last few months, you could see a lot of great things in XRP, but this had no impact on the price of XRP, which is why these two factors correlate, obviously.
From this statement in regard to the fourth point of the Howey test is very easy to see that this is not fulfilled in the case of XRP relatively clear. But also other typical aspects of a “Security” Didiuk in question. As an example, he brought up the fact that in the case of large shareholders of a classic security is usually a major influence on the appropriate company can take. Anyone of the 20 or 25% of all XRP Token has, but it has little to no effect on Ripple.
So if it is so clear that XRP can’t be a Security Coin, remains, in the end, the only question left: “Why the need for the government to announce authorities so long to do this on the basis of these declarations?” Government authorities however are generally not for their speed in regulatory decisions known, which is why the XRP Fans still have hope, in the light of sound and sober statements of a former high-level SEC member, but it should not dream of.
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