Regulation
XRP Lawyer Reveals Why Ripple Unlikely To Promote XRP Like Bitcoin
XRP lawyer Bill Morgan has explained why Ripple is unlikely to promote XRP in the same way that Bitcoin is widely promoted. The remarks were made in response to a suggestion that Ripple could boost XRP’s popularity among retail investors by engaging in promotional activities similar to those seen with Bitcoin and other cryptocurrencies.
Bill Morgan noted that such actions could impact Ripple’s ongoing legal case with the U.S. Securities and Exchange Commission (SEC).
XRP Lawyer On Why Ripple Unlikely To Promote XRP
XRP lawyer Bill Morgan has emphasized that Ripple’s cautious approach to promoting XRP is largely influenced by its ongoing legal battles with the SEC. He pointed out that the court found Ripple’s sales of XRP did not meet the requirements of the Howey Test—a legal standard used to determine if an asset qualifies as a security.
Specifically, the court ruled that Ripple’s programmatic sales of XRP to retail holders did not constitute investment contracts, a decision largely based on the “relative lack of evidence of promotion of XRP to retail holders,” according to Morgan.
However, the SEC is actively appealing this ruling, and Ripple remains under scrutiny. As a result, any promotional efforts targeting retail investors could increase regulatory risks for Ripple. “I doubt Ripple ever will [promote XRP] and certainly not before legal proceedings are long in the rearview mirror,” Morgan added, highlighting the company’s cautious stance amid regulatory uncertainty.
Bitcoin Enjoys Regulatory Advantage, XRP Lawyer Says
XRP lawyer Bill Morgan has contrasted the promotional limitations on XRP with Bitcoin, noting that Bitcoin holders and advocates can promote the cryptocurrency freely without SEC interference. Since Bitcoin is widely recognized as a non-security asset, it does not face the same regulatory challenges that other digital assets like XRP encounter.
This gives Bitcoin a unique advantage, as supporters can openly encourage investments in Bitcoin without risking legal consequences.
The difference in regulatory treatment has created an “unfair SEC-created advantage over the whole market,” Morgan observed. This discrepancy has allowed Bitcoin’s adoption to flourish without the legal complexities faced by XRP and other assets. As Bitcoin’s price recently surged past $89,000 amid heightened interest from retail and institutional investors, the disparity in regulatory oversight between Bitcoin and other cryptocurrencies has become even more evident.
Concurrently, Cardano’s ADA token saw massive gains after Charles Hoskinson’s announcement, rising over 33% as speculation grew around its potential role in shaping U.S. crypto policy under the current Trump administration.
Legal Developments in SEC v. Ripple Case Ongoing
The SEC’s appeal in the Ripple case has been closely watched by the cryptocurrency industry, as it may set precedents for the treatment of digital assets. Recently, the U.S. Court of Appeals for the Second Circuit issued a scheduling order that requires the SEC to submit its opening brief for the appeal by January 15, 2025.
According to analysts, this delay may be linked to the potential impact of the upcoming U.S. presidential election, as some speculate that a change in administration could lead to shifts in regulatory priorities.
If the SEC fails to meet this deadline, the appeal could be dismissed, potentially providing Ripple with a clearer regulatory pathway. However, until the appeal is resolved, Ripple is likely to maintain a conservative approach regarding XRP promotion, according to legal experts.
Ripple CEO Brad Garlinghouse Optimistic Amid XRP Price Surge
Despite Ripple’s cautious stance, the XRP community has shown renewed optimism about the cryptocurrency’s future. XRP price has recently surpassed $0.61, sparking speculation of a possible price rally reminiscent of its 2017 highs.
Ripple CEO Brad Garlinghouse recently noted that XRP was once the “2nd most valuable digital asset,” and some community members are hopeful that the token may regain its former value as regulatory clarity improves.
Other factors are also boosting market sentiment around XRP, including the possibility of an XRP exchange-traded fund (ETF) approval in the United States, which could increase institutional interest in the asset.
Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.
Regulation
New SEC Leadership Under Donald Trump To Revamp Crypto Regulations
The incoming administration under President-elect Donald Trump is preparing to introduce changes to cryptocurrency regulations in the United States. Sources indicate that the Securities and Exchange Commission (SEC), under new leadership, will initiate a review of its current policies and enforcement actions related to crypto.
Donald Trump SEC Leadership To Reassess Crypto Enforcement Actions
A recent Reuters report suggests that top officials at the SEC, including Hester Peirce and Mark Uyeda, are planning to reassess existing crypto enforcement cases. The focus will be on cases where fraud is not alleged, with the possibility of freezing or withdrawing some lawsuits.
Under the outgoing leadership of Gary Gensler, the SEC pursued at least 83 enforcement actions involving crypto-related companies. These actions targeted firms like Coinbase and Kraken, often on the basis that their tokens were considered securities. Industry participants have long sought clarity on when and how the SEC applies its rules to digital assets.
Sources state that Peirce and Uyeda are expected to call for feedback on potential new crypto regulations. This process will address industry concerns while aligning the SEC’s rules with evolving market conditions.
Meanwhile, Bitcoin advocate Anthony Pompliano has outlined three key actions for Donald Trump to boost U.S. Bitcoin adoption. Anthony proposed repealing SAB 121 for banks to hold Bitcoin, establishing a national Bitcoin reserve, and reforming tax codes to eliminate capital gains tax on BTC payments. Pompliano believes these measures will solidify the U.S. as a crypto leader.
Proposed Regulatory Changes
The SEC is likely to revise its guidance on accounting practices for companies holding crypto assets. The current guidance has reportedly made it costly for listed firms to manage digital tokens for third parties. Changes in this area will lower barriers to institutional participation in the crypto market.
Paul Atkins, Donald Trump pick for Securities and Exchange Commission Chair, has a reputation for supporting crypto-friendly policies. However, his confirmation by the Senate may take some time. Until then, Peirce and Uyeda will lead interim efforts to reshape regulatory priorities.
Trump Administration’s Executive Orders to Accelerate Crypto Overhaul
President-elect Donald Trump is expected to issue executive orders aimed at expediting crypto regulatory reforms. These orders may direct federal agencies, including the SEC, to review their policies and promote innovation in the digital asset sector.
The administration’s pro-crypto stance has already generated excitement within the market. Bitcoin reached $100,000 for the first time in December, reflecting optimism about the regulatory environment under Trump’s leadership.
Despite the optimism, revising regulations and enforcement actions could face challenges. Legal experts note that dismissing pending cases or reopening settlements may lead to objections from courts. Resolving these issues will require careful coordination between the SEC and industry stakeholders.
The new leadership may also need months to finalize and implement any proposed rule changes. Industry representatives have previously criticized the Securities and Exchange Commission for being unwilling to engage in discussions under its former leadership.
In addition, Bitwise CIO highlighted trends driving corporate Bitcoin adoption, including MicroStrategy’s $42B acquisition plans, new FASB rules allowing firms to record BTC gains and pro-crypto policies. These factors, he notes, are encouraging more companies to integrate Bitcoin into their treasuries.
Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.
Regulation
Litecoin ETF Likely Next Spot Crypto ETF to Get SEC Nod; Bloomberg Analyst
A Litecoin ETF may be the next cryptocurrency ETF to be approved in the United States given the current circumstances. Bloomberg Senior ETF Analyst Eric Balchunas made this prediction after Canary Capital filed an amended S-1 registration form in relation to its Litecoin ETF proposal.
Amended Litecoin ETF S-1 Filing Suggests SEC Engagement
Canary Capital had submitted the S-1 registration form for the Litecoin ETF with the U.S. Securities and Exchange Commission (SEC) in October 2024. On Wednesday, the company filed an amended version of this form. According to the filing, U.S. Bancorp Fund Services would act as the administrator of the ETF, while Coinbase Custody Trust and BitGo would act as the custodians for the Litecoin of the fund.
NEW: @CanaryFunds just filed an amended S-1 for their Litecoin ETF filing. No guarantees — but this might be indicative of SEC engagement on the filing. Still no 19b-4 filing yet though
(A 19b-4 would actually start the potential approval/denial clock) h/t @isabelletanlee pic.twitter.com/wFtNOmbmYx
— James Seyffart (@JSeyff) January 15, 2025
Some of the industry watchers including the Bloomberg analysts have suggested that that the modification of the filing could be an indication of SEC’s interest. Another Bloomberg ETF analyst, James Seyffart pointed out that the amendment could mean the SEC has offered comments on the application. However, there has been no 19b-4 filing made, which is a formal application for rule change that initiates the approval process.
“We had heard chatter that the Litecoin S-1 had gotten comments back from [the] SEC,” said Balchunas in a post on X (formerly Twitter). He also said that this is in line with his earlier claim that Litecoin is ‘most likely’ to be the next cryptocurrency ETF in the United States.
New SEC Leadership Adds Uncertainty
The timing of the Litecoin ETF’s approval process could depend on upcoming changes in SEC leadership. Gary Gensler, the current SEC chair, is set to step down on Monday. Former SEC commissioner Paul Atkins, who has expressed support for the cryptocurrency sector in the past, has been nominated to lead the agency.
However, the Senate has yet to confirm Atkins’ appointment, and the exact timeline remains uncertain.
Balchunas emphasized that the leadership transition is a “huge variable” in the approval process for the Litecoin ETF.
Growing Interest in Spot Crypto ETFs
Created in 2011 as a more efficient version of Bitcoin, Litecoin is one of the oldest and most stable blockchains. Following the announcement, the price of Litecoin spiked by more than 18% to trade at $119.46 at the time of writing.
Analysts believe that the current bullish rally may break through the $130 barrier, with the LTC price prediction standing at $170. In addition, open interest increased by 29.58% to $575.39 million within the last 24 hours while the trading volume jumped significantly by 277.25% to $1.65 billion.
This excitement comes in the wake of the recent approval of U.S. spot Bitcoin and Ethereum ETFs in recent months. These products outperformed the market, which led to the growth of interest among issuers in the creation of ETFs for altcoins like Solana and XRP.
A recent JPMorgan and Hashkey research note suggested that new Solana and XRP ETFs could pull in $13.6bn of new funds if they are approved within six to 12 months. The introduction of altcoin ETFs such as Litecoin may also contribute to increased institutional investments in the cryptocurrency space.
Next Steps for Litecoin ETF Approval
Even though the amended S-1 filing marks a progress, there is no certainty as to when the approval of the Litecoin ETF will be completed. The submission of a 19b-4 application would formally kick off the SEC’s decision process but Canary Capital has not given any indication of when this would happen.
The original filing of Canary identified Litecoin as a blockchain that has had “100% uptime since its inception” noting its security and stability as strengths. Industry participants are now focused on the next steps, such as the SEC’s response and the possible 19b-4 filing, as the momentum for the approval of the Litecoin ETF picks up.
Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.
Regulation
South Korea Regulator Suspends Upbit Operations Over KYC Violations
In the latest development in the Upbit scrutiny, South Korea ordered the platform to suspend its business operations. Citing violations of Know-Your-Customer (KYC) rules and anti-money laundering laws, South Korea notified the exchange about the suspension. Upbit’s future services in the country remain in jeopardy as the exchange has received severe-than-expected sanctions.
Upbit To Suspend Business in South Korea
The South Korean Financial Intelligence Unit has warned Upbit crypto exchange over its alleged violations of the Specific Financial Transaction Information Act. Reportedly, this warning could affect Upbit’s future in South Korea, with a possible halt of services for up to six months. As per the notice, the crypto platform would be restricted from new customer-related activities while existing clients could continue their trade.
Notably, a disciplinary hearing is scheduled on January 21 over the exchange’s KYC violations. Upbit could submit its response by January 20. The FIU’s sanctions-level meeting is expected to evaluate Upbit’s regulatory compliance. During Upbit’s virtual asset service provider (VASP) license renewal program, South Korea discovered more than 500,000 cases related to KYC violations. As these cases include account approval without proper identification, they are considered as unauthorized customer verifications.
How Will Upbit’s KYC Violations Impact the Broader Crypto Industry?
The crypto market is keenly observing the developments within the Upbit case. As of now, the regulators haven’t decided the extent of sanctions, including the possible fines. The industry expects explanations from Upbit on January 21, which would lead to further decisions in the case. Usually, the authority could impose up to 100 million won ($68,592) for violations of customer verification regulations.
South Korea has been at the forefront of crypto regulations, driven by its vision of fostering market expansion and customer security. Its recent efforts highlight its commitment to tackling increasing illegal crypto practices in the country. Further developments in the case could significantly impact the global crypto regulatory landscape.
Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.
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