EU Follows SEC and Declares All Cryptocurrencies like Bitcoin, Ethereum, and Ripple (XRP) as Securities – Is This the Final Battle? Report

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• A new study commissioned by the European Parliament deems all crypto assets as transferable securities, thereby advocating their regulation.
• This categorization is similar to the approach pursued by the US Securities and Exchange Commission (SEC).

In a bold move that resonates with the US Securities and Exchange Commission’s (SEC) ongoing endeavor to classify cryptocurrencies as securities, a recent study commissioned by the European Parliament unequivocally articulates a parallel viewpoint. This report essentially paves the way for further legislative regulation within the EU, prompting cryptocurrencies to comply with authorization requirements.

In an endeavor to promote security, Members of the European Parliament authorized the investigation, which argues for the treatment of all crypto assets on par with transferable securities. The anonymity cherished by crypto enthusiasts is now relegated to the annals of history, following the EU’s recent enforcement of the Markets in Crypto-Assets (MiCA) regulation. This stringent rule impacts not just the crypto industry but also traders and buyers, dramatically curtailing the anonymity previously associated with digital assets.

However, the debate is far from over. Many members perceive the regulation as the initial stride in a series of legislative constraints. The commissioned study is perceived as a stepping stone to determine the future course for the treatment of crypto assets.

Interestingly, the chilling crypto winter of recent months inadvertently contributed to this development. The insights gleaned during this phase are poised to influence forthcoming regulations, with the study serving as the starting gun.

The authors of the study foresee a multitude of issues surfacing if authorities fail to classify cryptocurrencies as securities. They recommend this classification for all existing and new cryptocurrencies, including emergent ones like Wall Street Memes. The report regards this categorization as non-negotiable to circumvent issues.

Specifically, the authors voice concerns about:

• • • Insufficient legal certainty regarding the basic concepts of private contracting.
    • Lack of legal security within the framework of EU financial regulation.
    • Absence of transparency.
    • Technical complexity associated with custody and settlement.

Those who believed that the MiCA regulation would definitively resolve the handling of crypto assets in Europe might be disappointed. The regulation appears to be merely the start, reinforcing skeptics’ belief that additional legal provisions will become necessary.

In light of this situation, the impending verdict in the SEC’s lawsuit against Ripple and its cryptocurrency XRP could significantly shape the narrative. If the SEC fails to classify XRP as a security, it would bolster numerous experts’ claims that cryptocurrencies are not securities. However, a victory could trigger an avalanche of regulations that might spill over into Europe sooner or later.

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