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Home»Legal»SEC Claimed NFTs Are Not Securities. Which Case Will Resolve Next?
Legal

SEC Claimed NFTs Are Not Securities. Which Case Will Resolve Next?

NBTCBy NBTC18/03/2025No Comments5 Mins Read
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The U.S. Securities and Exchange Commission (SEC) has officially closed its investigation into Yuga Labs, the company behind the Bored Ape Yacht Club and CryptoPunks NFT collections. The company announced this development in a statement, marking a significant shift in the SEC’s approach to digital assets. Yuga Labs confirmed that the probe had ended without any enforcement action, reinforcing the stance that NFTs are not securities. This decision follows a series of cases dropped by the SEC against major crypto firms, reflecting a broader regulatory shift under the new administration.

Yuga Labs Investigation Concludes

Yuga Labs revealed the SEC’s decision on X, emphasizing the implications for the broader NFT market. The closure of the case aligns with recent developments where the SEC has withdrawn multiple investigations into cryptocurrency firms, including major platforms such as Coinbase, Kraken, and Uniswap Labs.

https://x.com/yugalabs/status/1896687377915187538

The SEC initially launched its probe into Yuga Labs in October 2022, examining whether certain NFT sales constituted unregistered securities offerings. Legal experts noted that the investigation centered around the classification of NFTs under U.S. securities law.

Yuga Labs had maintained throughout the process that its digital collectibles did not meet the definition of securities. With the case now closed, NFT marketplaces and creators may gain more confidence in continuing operations without regulatory uncertainty.

A Shift in SEC Crypto Enforcement: Dropped Lawsuits Review

The SEC has recently dropped investigations against several high-profile crypto companies. Over the past few weeks, the agency has backed off from cases involving Robinhood Crypto, OpenSea, Uniswap Labs, and Consensys, among others. Additionally, the SEC reached settlements with Coinbase and Kraken while discussions continue regarding TRON’s Justin Sun.

The case against Coinbase began in 2023 when the SEC accused the exchange of facilitating trading in at least 13 tokens that it claimed should have been registered as securities. Coinbase countered that cryptocurrencies do not fit the legal definition of an investment contract. The lawsuit also targeted Coinbase’s staking services, which the SEC argued functioned as an unregistered securities offering.

Kraken similarly faced allegations of operating an unregistered securities exchange. The SEC accused the platform of commingling customer and corporate funds, but Kraken contested these claims. The lawsuit progressed to trial before the SEC decided to drop the case with prejudice, meaning it could not be refiled. In a blog post, Kraken stated that the regulator misrepresented its business model and called the lawsuit politically motivated.

Uniswap Labs also saw the SEC close its investigation into its decentralized exchange platform. The firm had received a Wells notice in April 2024 but announced on Feb. 25 that the probe had ended with no plans for enforcement action. Consensys, the developer of the MetaMask wallet, experienced a similar outcome, with the SEC dismissing its lawsuit against the company.

Ripple Lawsuit Remains Unresolved

Despite withdrawing multiple cases, the SEC’s long-running lawsuit against Ripple Labs remains active. The case began in December 2020 and alleges that Ripple conducted an unregistered securities offering by selling XRP. The lawsuit has seen significant legal battles over the classification of XRP and whether its sales constitute investment contracts under the Howey Test.

Recent developments suggest that the lawsuit may soon be resolved. President Donald Trump recently included XRP in his proposed Crypto Strategic Reserve alongside Bitcoin, Ethereum, Cardano, and Solana. Market analysts believe this move could influence the case’s direction, potentially leading to a settlement or favorable ruling for Ripple. Legal experts anticipate that the SEC’s evolving stance on crypto regulation could accelerate the case’s resolution.

The regulatory shift follows leadership changes at the SEC, with Acting Chair Mark Uyeda leading efforts to scale back enforcement actions. Commissioner Hester Peirce, known for her support of decentralized finance, has played a key role in reshaping regulatory priorities. The newly established Cyber and Emerging Technologies Unit now focuses on tackling fraud rather than enforcing broad securities classifications for digital assets.

What’s Next for the SEC?

With the withdrawal of multiple lawsuits, questions arise about the SEC’s future approach to cryptocurrency regulation. The agency appears to be moving toward a framework distinguishing between fraudulent activities and legitimate blockchain projects. While past enforcement actions under former Chair Gary Gensler focused on an aggressive crackdown, the new leadership seems inclined to work with the industry.

Congress is also stepping in to establish clear guidelines for the crypto sector. The proposed legislation aims to define regulatory rules for stablecoins and broader market structures. If these efforts succeed, the industry may shift from legal battles to compliance-driven regulations.

As for Ripple, the case remains a key focus for the crypto community.

The SEC’s evolving stance and Trump’s pro-crypto policies could expedite legal proceedings. If XRP is formally integrated into a government-backed digital asset reserve, it may bolster arguments against its classification as a security. However, the outcome remains uncertain, and industry stakeholders continue to monitor the case closely.

The SEC’s recent actions signal a new phase in crypto regulation. With multiple cases dismissed, the focus is shifting from broad enforcement to targeted oversight. Whether this trend continues will depend on ongoing legislative efforts and further leadership changes at the agency.

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