Key Takeaways:
- The SEC will not take enforcement action against Paxos for its Binance USD (BUSD) token.
- Previous court rulings, including those related to XRP and BUSD, have been unfavorable to the SEC’s stance on certain tokens being classified as securities.
- The SEC continues enforcement actions against other crypto firms, with recent Supreme Court rulings potentially affecting policy interpretations.
The United States Securities and Exchange Commission (SEC) has decided not to take enforcement action against stablecoin issuer Paxos regarding its Binance USD (BUSD) token.
In February 2023, Paxos received an SEC Wells notice warning that BUSD might be considered an unregistered security, potentially violating federal securities laws.
However, the SEC has now indicated that it will not pursue this case. Paxos maintained that their USD-backed stablecoins are not securities and viewed the SEC’s notice as unwarranted.
This decision follows several court rulings unfavorable to the SEC, including a July 2023 ruling that the XRP token was not a security in the context of certain sales, and a June 2024 ruling citing the Ripple decision in dismissing a claim related to BUSD.
Despite this, the SEC continues enforcement actions against other crypto firms such as Ripple, Binance, Kraken, and Coinbase.
Recent Supreme Court rulings may also impact how federal agencies interpret policies in these cases.