What are securities and why does cryptocurrency not always fall under such regulations

2026-02-05 13:04:01

Abstract generation in progress

What are securities is a question that is increasingly arising in the legal sphere of the crypto industry. American lawyer Teresa Gudi Guillen recently expressed an important position: simple ownership of cryptocurrency for the purpose of profiting from its appreciation should not automatically be classified as a securities transaction.

Passive ownership of cryptocurrency as a form of economic interest

The key distinction highlighted by the lawyer is that securities are documents that grant active rights and obligations to the owner. In contrast, simply choosing and holding cryptocurrency with the expectation of an increase in value represents a passive economic interest. According to NS3.AI analysis, this form of ownership does not meet the criteria of securities legislation, as it does not involve the owner in the management or control of the asset.

Ripple’s position and regulatory boundaries

This statement aligns with previous arguments from Ripple, the developer of XRP. The company has repeatedly argued before the U.S. Securities and Exchange Commission (SEC) that securities are a specific category of assets with clearly defined features, not just any financial instrument. Ripple warned about the danger of regulatory overreach when regulators attempt to extend securities rules solely based on investors’ speculative intentions.

Practical significance for crypto investors

For ordinary users, this distinction is critically important. If every purchase of cryptocurrency were considered a securities transaction, it would impose disproportionate regulatory burdens on millions of people who simply store their digital assets. The conceptual boundary outlined by lawyer Guillen protects citizens’ right to passive investing without the need to comply with strict securities law requirements. This remains a relevant issue in the context of the global crypto climate and the development of the regulatory framework.

#SEC #XRP #криптовалюта

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