Market
Why the SEC Issued a Wells Notice to Immutable (IMX)
Immutable (IMX) is the newest victim in the latest salvo from US regulators targeting cryptocurrency firms. The blockchain gaming platform revealed that it received a Wells notice from the US Securities and Exchange Commission (SEC).
It adds to the list of Wells Notices issued this year, with the agency’s enforcement regulation still being a contentious issue in the crypto industry.
Immutable Challenges SEC’s Wells Notice
In a statement on Thursday, Immutable accused the SEC of overreach after receiving a Wells Notice. Citing unfair regulation, the blockchain gaming platform described the notice as part of a broader regulatory push that is squeezing the crypto industry. It added that the agency’s actions appear to be part of a “regulation-by-enforcement” strategy targeting crypto companies but offering no clear compliance framework.
“With this action, the SEC is continuing to indiscriminately assert that tokens are securities,” a paragraph in the statement read.
The allegations center on whether its 2021 IMX token listing and sales constitute securities violations. Immutable, however, has contested the SEC’s claims, arguing that the IMX token does not meet the definition of a security.
Read more: What Does It Mean To Receive a Wells Notice From the SEC?
Specifically, Immutable challenged the SEC’s claims that they may involve inaccurate interpretations of statements it made in 2021 regarding the IMX token’s pre-launch pricing. The firm also slammed the SEC for a “one-size-fits-all” approach. Nevertheless, the notice signals potential enforcement action against Immutable.
The SEC reportedly issued a Wells Notice to Immutable following an initial meeting with the company’s legal team — a move the company described as unusual. According to Immutable, such notices typically come after a series of detailed discussions, allowing time for a comprehensive evaluation. Immutable noted that the notice provided “fewer than 20 words of meaningful explanation,” prompting the company to question the SEC’s decision-making process.
“To manufacture a case on a listing that occurred in 2021, with practically no direct communication with the company, is precisely the reason the industry is so skeptical of any attempts from this SEC to argue it is attempting to provide clarity,” Immutable CEO James Ferguson noted.
Immutable criticized the SEC’s allegations as broad and vague, with CEO James Ferguson suggesting that meaningful discussions could have clarified many ambiguities now surrounding the case. Despite these legal hurdles, Immutable reaffirmed its commitment to the blockchain gaming sector and emphasized it will defend its practices vigorously.
“We are prepared to defend the rights of builders, creators, and gamers…we will keep building even in the face of regulatory pressure,” the firm concluded.
In the aftermath of this news, the IMX token is down by a stark 13.29% to trade for $1.18 as of this writing.
Crypto Crackdown Intensifies Ahead of US Elections
Meanwhile, this Wells Notice adds to a growing list of enforcement moves against crypto companies, with the SEC’s increased scrutiny of digital assets prompting a wave of legal defenses across the crypto sector.
Earlier in October, popular exchange Crypto.com launched a lawsuit against the SEC after receiving a similar Wells notice. The company claimed that the SEC was overstepping its regulatory authority by classifying various digital tokens as securities without sufficient basis. Similarly, Uniswap and NFT marketplace OpenSea also recently received Wells Notices.
The trend passes as an attempt to regulate the sector without establishing a formal rulebook. On this account, Blockchain Association, an advocacy group, noted in a recent report that the SEC has filed 104 enforcement actions against crypto entities since the beginning of 2023. Based on the report, these crackdowns saw these companies “waste” approximately $426 million in legal defense fees.
The regulator’s enforcement drive comes at a politically sensitive time, just ahead of the 2024 US presidential election. Some speculate that regulators are tightening their stance on crypto companies as a way to demonstrate heightened scrutiny of digital assets to the public. However, this regulatory push may also heighten industry demands for legislative action to clarify compliance standards for digital assets.
Read more: Crypto Regulation: What Are the Benefits and Drawbacks?
As the SEC’s enforcement actions expand, Immutable’s case could become a touchstone in the broader debate over crypto regulation. For now, the blockchain gaming firm is digging in for a legal fight.
“We’re ready to do our part, join the companies fighting for crypto, and defend digital ownership in gaming,” Immutable co-founder Robbie Ferguson said.
This standoff with the SEC highlights the pressing need for clearer compliance guidelines that balance consumer protection with innovation.
Disclaimer
In adherence to the Trust Project guidelines, BeInCrypto is committed to unbiased, transparent reporting. This news article aims to provide accurate, timely information. However, readers are advised to verify facts independently and consult with a professional before making any decisions based on this content. Please note that our Terms and Conditions, Privacy Policy, and Disclaimers have been updated.
ETF issuer WisdomTree’s European division just announced a new ETP based on XRP. This product is currently available in four EU countries, which has led XRP’s price to jump slightly.
ETPs are a common issuer strategy to earn revenue without ETF approval, but Europe will not necessarily approve one even if the US does so.
WisdomTree’s XRP ETP
WisdomTree, one of the Bitcoin ETF issuers in the US, announced that its European branch is offering an exchange-traded product (ETP) based on XRP. This new product is currently available in Germany, Switzerland, France, and the Netherlands. A growing number of issuers have filed for an XRP ETF, but WisdomTree is taking a slightly different tack.
“The WisdomTree Physical XRP ETP offers a simple, secure, and low-cost way to gain exposure to XRP, one of the largest cryptocurrencies by market capitalization. Backed 100% by XRP, XRPW is the lowest-priced XRP ETP in Europe, providing direct spot price exposure,” the announcement claimed.
The possibility of an official XRP ETF is growing with the current bull market, and Ripple CEO Brad Garlinghouse considers it “inevitable.” Still, it hasn’t happened yet, and ETP offerings allow issuers to somewhat address customers’ requirements. BitWise, which has also filed for an XRP ETF in the US, recently acquired a European ETP issuer to enter the same market.
WisdomTree, however, is no stranger to this market strategy. In May this year, it won approval to offer ETPs based on Bitcoin and Ethereum to British investors.
The UK has not yet approved a full ETF for either of these assets, but WisdomTree still gained market access. Even a fraction of the XRP market could also prove lucrative; the asset’s value spiked today.
WisdomTree Europe’s strategy page does not describe any further actions upon full approval. Even if the US approves an XRP ETF under the SEC’s new leadership, that won’t necessarily benefit WisdomTree’s European branch. For now, these ETPs built on XRP will have to suffice for this market.
Disclaimer
In adherence to the Trust Project guidelines, BeInCrypto is committed to unbiased, transparent reporting. This news article aims to provide accurate, timely information. However, readers are advised to verify facts independently and consult with a professional before making any decisions based on this content. Please note that our Terms and Conditions, Privacy Policy, and Disclaimers have been updated.
Ethereum price started a fresh increase above the $3,220 zone. ETH is rising and aiming for more gains above the $3,350 resistance.
- Ethereum started a fresh increase above the $3,220 and $3,300 levels.
- The price is trading above $3,250 and the 100-hourly Simple Moving Average.
- There is a short-term contracting triangle forming with resistance at $3,360 on the hourly chart of ETH/USD (data feed via Kraken).
- The pair could gain bullish momentum if it clears the $3,385 resistance zone.
Ethereum Price Regains Traction
Ethereum price remained supported above $3,000 and started a fresh increase like Bitcoin. ETH gained pace for a move above the $3,150 and $3,220 resistance levels.
The bulls pumped the price above the $3,300 level. It gained over 10% and traded as high as $3,387. It is now consolidating gains above the 23.6% Fib retracement level of the recent move from the $3,036 swing low to the $3,387 high.
Ethereum price is now trading above $3,220 and the 100-hourly Simple Moving Average. On the upside, the price seems to be facing hurdles near the $3,350 level. There is also a short-term contracting triangle forming with resistance at $3,360 on the hourly chart of ETH/USD.
The first major resistance is near the $3,385 level. The main resistance is now forming near $3,420. A clear move above the $3,420 resistance might send the price toward the $3,550 resistance. An upside break above the $3,550 resistance might call for more gains in the coming sessions. In the stated case, Ether could rise toward the $3,650 resistance zone or even $3,880.
Another Decline In ETH?
If Ethereum fails to clear the $3,350 resistance, it could start another decline. Initial support on the downside is near the $3,300 level. The first major support sits near the $3,250 zone.
A clear move below the $3,250 support might push the price toward $3,220 or the 50% Fib retracement level of the recent move from the $3,036 swing low to the $3,387 high. Any more losses might send the price toward the $3,150 support level in the near term. The next key support sits at $3,050.
Technical Indicators
Hourly MACD – The MACD for ETH/USD is gaining momentum in the bullish zone.
Hourly RSI – The RSI for ETH/USD is now above the 50 zone.
Major Support Level – $3,250
Major Resistance Level – $3,385
Ethereum price started a fresh increase above the $3,220 zone. ETH is rising and aiming for more gains above the $3,350 resistance.
- Ethereum started a fresh increase above the $3,220 and $3,300 levels.
- The price is trading above $3,250 and the 100-hourly Simple Moving Average.
- There is a short-term contracting triangle forming with resistance at $3,360 on the hourly chart of ETH/USD (data feed via Kraken).
- The pair could gain bullish momentum if it clears the $3,385 resistance zone.
Ethereum Price Regains Traction
Ethereum price remained supported above $3,000 and started a fresh increase like Bitcoin. ETH gained pace for a move above the $3,150 and $3,220 resistance levels.
The bulls pumped the price above the $3,300 level. It gained over 10% and traded as high as $3,387. It is now consolidating gains above the 23.6% Fib retracement level of the recent move from the $3,036 swing low to the $3,387 high.
Ethereum price is now trading above $3,220 and the 100-hourly Simple Moving Average. On the upside, the price seems to be facing hurdles near the $3,350 level. There is also a short-term contracting triangle forming with resistance at $3,360 on the hourly chart of ETH/USD.
The first major resistance is near the $3,385 level. The main resistance is now forming near $3,420. A clear move above the $3,420 resistance might send the price toward the $3,550 resistance. An upside break above the $3,550 resistance might call for more gains in the coming sessions. In the stated case, Ether could rise toward the $3,650 resistance zone or even $3,880.
Another Decline In ETH?
If Ethereum fails to clear the $3,350 resistance, it could start another decline. Initial support on the downside is near the $3,300 level. The first major support sits near the $3,250 zone.
A clear move below the $3,250 support might push the price toward $3,220 or the 50% Fib retracement level of the recent move from the $3,036 swing low to the $3,387 high. Any more losses might send the price toward the $3,150 support level in the near term. The next key support sits at $3,050.
Technical Indicators
Hourly MACD – The MACD for ETH/USD is gaining momentum in the bullish zone.
Hourly RSI – The RSI for ETH/USD is now above the 50 zone.
Major Support Level – $3,250
Major Resistance Level – $3,385
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