On the 28th (Korean time), Ripple submitted an additional opinion to the U.S. Securities and Exchange Commission (SEC) regarding virtual assets (cryptocurrency) and investment contracts (securities). On this day, Stuart Alderoty, Ripple's Chief Legal Officer (CLO), shared the opinion submitted by Ripple through X (formerly Twitter), questioning "When will the separation point between virtual assets and securities, as raised by Hester Peirce, the head of the SEC's virtual asset task force, be determined?" In the opinion, Ripple argued that "most non-fungible virtual assets are not securities" and "especially, transactions in the secondary market do not have the characteristics of securities." This claim cites the ruling made by Judge Analisa Torres in the lawsuit between Ripple and the SEC in 2023. Additionally, Ripple criticized the SEC's interpretation of virtual assets. Ripple stated, "The ambiguous standards currently used by the SEC, such as fully functional and sufficiently decentralized, can cause confusion," and "If standards are needed, Congress should create them, and the SEC should not arbitrarily create standards." Meanwhile, Ripple proposed adding 'network maturity' to the token evaluation criteria. The network maturity test proposed by Ripple evaluates whether it has grown beyond the initial investment contract based on objective criteria such as market capitalization, operational history, and distribution of control. Regarding the security nature of tokens, it explained, "Unless both conditions are met simultaneously: ▲ when important matters promised by the issuer have not yet been fulfilled, ▲ when the holder has legal rights to the promise, the token should not be considered a security." Meanwhile, Ripple's opinion is interpreted as aiming to secure legal clarity for the future launch of an Exchange-Traded Fund (ETF).
May 27PiCK