The Southern District of New York concluded that Ripple’s Programmatic Sales and Other Distributions of XRP did not constitute the offer and sale of investment contracts.
But Ripple’s Institutional Sales of XRP constituted the unregistered offer and sale of investment contracts in violation of Section 5 of the Securities Act. Adam Cochran: First Judge did decide institutional sales/fundraising was securities. But the programmatic sale on exchanges didn't meet third prong of Howey. So sales to users via exchanges may be fine, as long as it was through orderbook and not ICO/IEO/Launchpad like things. Bounties, investments in others using XRP, grants using XRP, and transfers to execs in XRP not considered securities
The judge held that the XRP token itself is not a security, but the transactions and schemes around trading it need to discuss.
The Judge: "XRP, as a digital token, is not in and of itself a contract, transaction, or scheme that embodies the Howey requirements of an investment contract.Rather, the Court examines the totality of circumstances surrounding Defendants’ different transactions and schemes involving the sale and distribution of XRP.
ConsenSys lawyer Bill Hughes briefly explained the XRP court decision, saying that ultimately a jury will be needed to decide whether Ripple execs aided and abetted this unregistered issuance; the SEC is expected to appeal to the Second Circuit immediately.
But Ripple’s Institutional Sales of XRP constituted the unregistered offer and sale of investment contracts in violation of Section 5 of the Securities Act. Adam Cochran: First Judge did decide institutional sales/fundraising was securities. But the programmatic sale on exchanges didn't meet third prong of Howey. So sales to users via exchanges may be fine, as long as it was through orderbook and not ICO/IEO/Launchpad like things. Bounties, investments in others using XRP, grants using XRP, and transfers to execs in XRP not considered securities
The judge held that the XRP token itself is not a security, but the transactions and schemes around trading it need to discuss.
The Judge: "XRP, as a digital token, is not in and of itself a contract, transaction, or scheme that embodies the Howey requirements of an investment contract.Rather, the Court examines the totality of circumstances surrounding Defendants’ different transactions and schemes involving the sale and distribution of XRP.
ConsenSys lawyer Bill Hughes briefly explained the XRP court decision, saying that ultimately a jury will be needed to decide whether Ripple execs aided and abetted this unregistered issuance; the SEC is expected to appeal to the Second Circuit immediately.
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and here we are
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Ripple files opposition to the SEC’s motion to certify interlocutory appeal.
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Ripple has announced the acquisition of Fortress Trust, a chartered trust company focused on cryptocurrencies. The purchase price was lower than the $250 million it paid to buy custody company Metaco in May. Ripple obtained a trust license in the U.S. state of Nevada through this acquisition. Currently, Ripple and its subsidiaries collectively hold money transfer licenses in 30 U.S. states, including the New York BitLicense.
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we should back to 0.5$ asap
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its xrp time
