Do you have Polygon, Solana, or Cardano? The SEC is seeking to regulate your cryptocurrency.
I personally own these tokens, so this issue worries me personally too.
Here are the key points:
- The SEC has identified 19 cryptocurrencies, including Solana, Cardano, and Polygon, as securities in its recent filings against Binance and Coinbase.
- If classified as securities, cryptocurrencies might face changes in trading practices and information reporting.
- Diversifying your investments can help safeguard your portfolio amidst the volatility of the crypto market.
As I delved into the Securities and Exchange Commission's (SEC) complaint against Binance, I couldn't help but feel a growing sense of concern. The regulator not only made serious allegations about the management of funds in this popular crypto exchange but also took a bold step by labeling several leading cryptocurrencies, such as Solana, Cardano, and Polygon, as securities.
To be fair, the SEC has been hinting for a while that it views most cryptocurrencies as unregistered securities. However, this latest development takes things to a whole new level. So what exactly is the fuss about? And what implications does it have for your crypto investments?
Security vs. Commodity: The Ongoing Debate
Securities come in various forms, including equity securities (like stocks) and debt securities (like bonds). When an asset is categorized as a security, strict rules govern its trading and the sharing of information. Until now, the SEC had limited oversight on most cryptocurrencies, treating them as commodities, which fell under the Commodity Futures Trading Commission's (CFTC) jurisdiction.
However, the SEC believes it should regulate many existing cryptocurrencies and their platforms. The primary reason for considering most cryptos as securities is based on something called the Howey Test. According to this test, any project becomes an investment opportunity when there is an "investment of money in a common enterprise with a reasonable expectation of profits derived from the efforts of others." The SEC's complaints against Binance and Coinbase outline how several listed cryptocurrencies fit this definition.
The 19 Cryptocurrencies Identified as Securities
In recent years, the SEC has already declared some specific cryptocurrencies as securities. One notable example is Ripple's XRP token, where the SEC filed a lawsuit in 2020 to determine its status as a security, an ongoing case.
The SEC has now identified the following 19 cryptocurrencies as securities in its filings against Binance and Coinbase:
- Solana (SOL)
- Cardano (ADA)
- Polygon (MATIC)
- Filecoin (FIL)
- The Sandbox (SAND)
- Axie Infinity (AXS)
- Chiliz (CHZ)
- Flow (FLOW)
- Internet Computer (ICP)
- NEAR Protocol (NEAR)
- Voyager Token (VGX)
- Dash (DASH)
- Decentraland (MANA)
- Algorand (ALGO)
- COTI (COTI)
- Cosmos (ATOM)
- BNB (BNB)
- Binance USD (BUSD)
- Nexo (NEXO)
How Does This Affect Your Cryptos?
If you own Solana, Cardano, Polygon, or any of the listed cryptocurrencies, it's essential to be prepared for potential price drops and liquidity issues. For instance, XRP's value fell by over 60% following the SEC's lawsuit announcement, and several crypto exchanges delisted the token. As a result, your crypto exchange might also decide to delist these projects to avoid SEC sanctions.
However, it's crucial not to panic just yet. The situation has changed since the SEC's case against Ripple, and XRP remains one of the top 10 cryptos with a strong ongoing project.
Actions to Consider
- Diversify Your Investments: Given the high-risk nature of cryptocurrencies and the uncertain future of the industry, experts often recommend limiting your crypto exposure to around 5% of your overall portfolio. Building a more diversified portfolio that includes other assets like stocks can help protect your wealth in case of a crypto downturn. You can explore various stock brokers to find suitable options.
- Avoid Potentially Labeled Securities: If you're concerned about SEC regulations, you may choose to allocate a larger portion of your crypto holdings to Bitcoin (BTC). It's widely considered the most decentralized crypto and has been explicitly stated by the SEC Chair, Gary Gensler, as not being a security. Ethereum (ETH), the second-largest crypto, wasn't named in the recent SEC filings, but Gensler has hinted at the possibility of its classification as a security due to its shift to proof-of-stake.
- Controlled Wallet Storage: Holding significant amounts of crypto in a custodial wallet with a centralized exchange exposes your assets to risks like platform failure, hacking, or SEC actions. While there are risks involved with managing your crypto in a personal wallet, it's worth exploring this option if you fear delisting of a token you own.
- Hold and Observe: Investors with a buy-and-hold strategy might choose to wait and observe the situation while letting any SEC actions unfold. This approach can be viable as long as the SEC's actions don't undermine your long-term investment thesis.
The Uncertain Road Ahead
The SEC's actions coincide with ongoing discussions about a broader regulatory framework for cryptocurrencies. The eventual decisions could include more power for the CFTC in crypto regulation or different controls for digital assets, possibly increasing the SEC's authority.
The outcome of the SEC's case against Binance and Coinbase is still uncertain, just like the Ripple case that has been ongoing for over two years. Some industry figures, like Coinbase CEO Brian Armstrong, view the case as an opportunity to bring clarity to crypto regulations.
While categorizing top cryptos as securities could impact how regular Americans trade crypto, it's not all pessimism. A stronger regulatory framework could foster trust and prove beneficial to the crypto industry in the long run.
Thanks for taking the time to read!