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Ripple Labs Wins SEC Case Over Sale of XRP Token on Public Exchanges

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XRP was reportedly up 75 percent by late afternoon on Thursday.
By Reuters | Updated: 14 July 2023

Ripple Labs did not violate federal securities law by selling its XRP token on public exchanges, a US judge ruled on Thursday, a landmark legal victory for the cryptocurrency industry that sent the value of XRP soaring.

XRP was up 75 percent by late afternoon on Thursday, according to Refinitiv Eikon data.

The ruling by US District Judge Analisa Torres was the first win for a cryptocurrency company in a case brought by the US Securities and Exchange Commission — though it did also give the SEC a partial victory.

While the decision is specific to the facts of the case, it likely will provide ammunition for other crypto firms battling the SEC over whether their products fall under the regulator’s jurisdiction.

An SEC spokesperson said the agency was pleased with part of the ruling in which the judge held that Ripple violated federal securities law by selling XRP directly to sophisticated investors.

It is possible for the ruling to be appealed once a final judgment is issued, or if the judge allows it before then.

The SEC spokesperson said the regulator was reviewing the decision.

Ripple Chief Executive Brad Garlinghouse in an interview called the ruling “a huge win for Ripple but more importantly for the industry overall in the US.”

Coinbase, the largest US crypto exchange, said it would again allow trading of XRP on its platform.

“We’ve read Judge Torres’ thoughtful decision. We’ve carefully reviewed our analysis. It’s time to relist,” Coinbase chief legal officer Paul Grewal said on Twitter.

Coinbase stock closed up 24 percent at $107 (roughly Rs. 8,781) per share on Thursday.

WHEN CRYPTO IS NOT A SECURITY

The SEC had accused the company and its current and former chief executives of conducting a $1.3 billion (nearly Rs. 10,670 crore) unregistered securities offering by selling XRP, which Ripple’s founders created in 2012.

The case has been closely watched in the cryptocurrency industry, which disputes the SEC’s assertion that the vast majority of crypto tokens are securities and subject to its strict investor protection rules. The agency has brought more than 100 enforcement crypto actions, claiming various tokens are securities, but many of those have ended in settlements.

In the few cases that have gone to court, judges have agreed with the SEC that the crypto assets at issue were securities, which unlike assets such as commodities are strictly regulated, must be registered with the SEC by their issuer, and require detailed disclosures to inform investors of potential risks.

Torres ruled that Ripple’s XRP sales on public cryptocurrency exchanges were not offers of securities under the law, because purchasers did not have a reasonable expectation of profit tied to Ripple’s efforts.

Those sales were “blind bid/ask transactions,” she said, in which buyers “could not have known if their payments of the money went to Ripple or any other seller of XRP.”

Torres applied a US Supreme Court case that said “an investment of money in a common enterprise with profits to come solely from the efforts of others,” is a kind of security called an investment contract.

XRP sales on cryptocurrency platforms by Garlinghouse and co-founder and former CEO Chris Larsen, and other distributions including compensation to employees also did not involve securities, Torres ruled.

PARTIAL WIN FOR THE SEC

The SEC won a partial victory as Torres found the company’s $728.9 million (roughly Rs. 5,983 crore) of XRP sales to hedge funds and other sophisticated buyers amounted to unregistered sales of securities.

Torres ruled that Ripple’s marketing aimed at institutional investors made clear the company “was pitching a speculative value proposition for XRP” that depended on company efforts to develop the blockchain infrastructure behind the digital asset.

She said a jury must decide whether Garlinghouse and Larsen aided the company’s violation of law, and that the defendants cannot argue at trial that they lacked “fair notice” that XRP was a cryptocurrency.

“The law does not require the SEC to warn all potential violators on an individual or industry level,” she said.

CALLS FOR LEGISLATION

Gary DeWaal, an attorney at Katten Muchin Rosenman, said the ruling should help Coinbase in fighting its own SEC case.

The market reaction indicates the ruling is a “tremendous event for the industry,” he said.

Both the Ripple and Coinbase cases focus on registration requirements and whether certain digital assets are securities under US law.

The crypto industry has called for legislation to provide clear rules for tokens, and the ruling brought new calls for Congress to clarify the status of digital assets.

House of Representatives Majority Whip Tom Emmer, a Republican, in a post on Twitter said the ruling established that “a token is separate and distinct from an investment contract it may or may not be part of.”

“Now, let’s make it law,” he said.

© Thomson Reuters 2023

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JPMorgan’s UK Bank Chase to Ban Crypto Transactions After Increase in Scams

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JPMorgan has attracted more than 1.6 million customers to its Chase retail bank since launching the mobile app-based service in Britain two years ago.
By Reuters | Updated: 27 September 2023

JPMorgan’s British retail bank Chase will ban crypto transactions made by customers from October 16 due to an increase in fraud and scams, the company said on Tuesday.

“We’ve seen an increase in the number of crypto scams targeting UK consumers, so we have taken the decision to prevent the purchase of crypto assets on a Chase debit card or by transferring money to a crypto site from a Chase account,” a spokesperson for the bank said.

Chase has become the latest lender in the UK to restrict customers’ access to crypto amid long-running concerns over its use in online scams run by criminals.

JPMorgan has attracted more than 1.6 million customers to its Chase retail bank since launching the mobile app-based service in Britain two years ago, and plans to roll out the consumer bank in other international markets over time.

Chase informed customers of its planned policy change by email on Tuesday morning, the bank confirmed. Crypto media outlet Coindesk reported the move earlier on Tuesday.

In March, NatWest (NWG.L) imposed new limits on the daily and monthly amount customers can send to crypto exchanges, seeking to protect consumers from “crypto-criminals.”

Spain’s Santander said last year it would block UK customers from sending real-time payments to crypto exchanges as part of measures to protect customers from scams.

Last month, payments giant PayPal announced that it would stop allowing UK customers to buy cryptocurrencies through its platform from October as it worked to comply with new rules on crypto promotions.

Britain’s financial regulator is due to bring in tougher rules to limit how crypto is advertised to British consumers, including requiring crypto firms to carry warnings about the risk and scrapping “refer a friend” bonuses.

© Thomson Reuters 2023

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Crypto Reporting Framework Discussed During G20, Decision Taken on Swift Implementation

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The leaders of 20 nations have reaffirmed the commitment to continue cooperation towards sustainable and modern international tax system.
By Press Trust of India | Updated: 9 September 2023

The G-20 leaders on Saturday decided on swift implementation of the reporting framework for crypto assets, saying a significant number of member nations want information exchange on such non-financial assets to start by 2027.

The Crypto Asset Reporting Framework (CARF) or template is being developed to make sure that such non-financial assets are not used by tax evaders to conceal their unaccounted wealth.

“We call for the swift implementation of the CryptoAsset Reporting Framework (“CARF”) and amendments to the CRS. We ask the Global Forum on Transparency and Exchange of Information for Tax Purposes to identify an appropriate and coordinated timeline to commence exchanges by relevant jurisdictions,” said the G20 Leaders’ declaration, which was adopted by consensus.

The leaders of 20 developing and developed nations have reaffirmed the commitment to continue cooperation towards a globally fair, sustainable and modern international tax system appropriate to the needs of the 21st century.

“We remain committed to the swift implementation of the two-pillar international tax package. Significant progress has been made on Pillar One including the delivery of a text of a Multilateral Convention (MLC), and work on Amount B (framework for simplified and streamlined application of the arm’s length principle to in-country baseline marketing and distribution activities) as well as the completion of the work on the development of the Subject to Tax Rule (STTR) under Pillar Two,” the declaration said.

Briefing reporters after the summit, Finance Minister Nirmala Sitharaman said the G20 countries have made substantial progress on the two-pillar solution.

“Work has happened on exchange of information on immovable property transactions between countries. There is a launch of the pilot programme of the South Asia academy for tax and financial crime investigation in collaboration with the OECD,” Sitharaman said.

Under the global tax deal, about 140 countries, including India, have agreed to an overhaul of global tax norms to ensure that multinationals pay taxes wherever they operate and at a minimum of 15 percent rate. However, some vexed issues still need to be ironed out before its implementation.

The G20 countries called on the OECD to develop an inclusive framework to swiftly resolve the few pending issues relating to the MLC (multilateral convention) with a view to preparing the MLC for signature in the second half of 2023 and completing the work on Amount B by the end of 2023.

“We welcome the steps taken by various countries to implement the Global Anti-Base Erosion (GloBE) Rules as a common approach. We recognise the need for coordinated efforts towards capacity building to implement the two-pillar international tax package effectively and, in particular, welcome a plan for additional support and technical assistance for developing countries,” the declaration said.

The G20 countries also took note of the OECD report on ‘Enhancing International Tax Transparency on Real Estate’ and the ‘Global Forum Report on Facilitating the Use of Tax-Treaty-Exchanged Information for Non-Tax Purposes’.

The OECD has suggested automatic exchange with regard to information on real estate assets among countries and the setting up of digitalised ownership registers accessible to designated relevant government agencies on a real-time basis amid concerns over investments in foreign real estate being used to “shelter undeclared assets”.

The report noted that there has been a significant increase in foreign-owned real estate assets over the past decade, and a lot of funds have been shifted from financial assets to buying foreign real assets.

The Global Forum report also called for countries to adopt a ‘whole-of-government’ approach to address the challenge of illicit financial flows through the sharing of information from tax authorities to non-tax agencies, like financial intelligence units, anti-corruption agencies, customs authorities and public prosecutors.

India had been pressing for expanding the scope of common reporting standard (CRS) at the G20 to include non-financial assets like real estate properties, under the automatic exchange of information (AEOI) among OECD countries.

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IMF-FSB, Regulators Set Out Roadmap to Coordinate Global Cooperation on Crypto Asset Regulation

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The IMF states that benefits of crypto assets like cheaper and faster cross-border payments, and increased financial inclusion are yet to materialise.
By Reuters | Updated: 8 September 2023

Global financial regulators and the International Monetary Fund on Thursday set out a roadmap to coordinate measures that stop crypto assets from undermining macroeconomic and financial stability. Such risks are exacerbated by noncompliance with existing laws in some instances, the G20’s risk watchdog, the Financial Stability Board, and the IMF said in a paper.

Many of the claimed benefits from crypto assets, such as cheaper and faster cross-border payments, and increased financial inclusion, have yet to materialise, it added.

“Widespread adoption of crypto-assets could undermine the effectiveness of monetary policy, circumvent capital flow management measures, exacerbate fiscal risks, divert resources available for financing the real economy, and threaten global financial stability,” the paper said.

The paper sets out timelines for members of the IMF and G20 to implement recent recommendations to regulate crypto from the Financial Stability Board and IOSCO, a global group of securities regulators.

It marks a further evolution in regulatory thinking after several years of seeing little threat from the sector, with attitudes hardening after the collapse of the crypto exchange FTX last November, which rattled markets and left investors nursing losses.

“A comprehensive policy and regulatory response for crypto-assets is necessary to address the risks of crypto-assets to macroeconomic and financial stability,” said the paper, which will be presented to G20 leaders at a summit this month in New Delhi.

The European Union has approved the world’s first comprehensive set of rules for crypto assets, but there is a patchier approach elsewhere to a borderless sector where fraud and manipulation are “prevalent”.

Other elements include governments avoiding large deficits which can lead to inflation that dents fiat currencies and encourages substitutes such as cryptoassets, the paper said.

The tax treatment of crypto assets should also be spelled out, along with how existing laws apply to the sector.

© Thomson Reuters 2023

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Cathie Wood’s Ark Invest and 21Shares File for First Spot-Ether ETF in the US: Details

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Ark Invest could be the first to list a fund in the US to directly invest in Ethereum.
By Reuters | Updated: 7 September 2023

Cathie Wood’s Ark Invest and crypto investment firm 21Shares are seeking regulatory approval to set up an exchange-traded fund (ETF) that would directly hold ether, according to a filing with the US Securities and Exchange Commission (SEC) on Wednesday.

It is the first attempt to list a fund in the US that would directly invest in ether, the second-largest cryptocurrency by market capitalization.

In a boost to the crypto sector, the US District of Columbia Court of Appeals last month passed a landmark ruling that the SEC was wrong to reject an application from crypto asset manager Grayscale Investments to list an ETF that tracks the price of bitcoin.

The case has been closely watched by the cryptocurrency and asset management industries, which have been trying for years to convince the SEC to approve a spot bitcoin ETF.

Cboe Global Markets earlier this year filed a proposal with the US SEC to list and trade shares of a spot bitcoin ETF by Ark Invest and 21Shares on the Cboe BZX exchange. The SEC, however, delayed a decision on whether to approve it.

The regulator has in recent years rejected dozens of applications for spot bitcoin ETFs, citing inadequate levels of trading surveillance that could leave the underlying spot market subject to fraud and manipulation.

© Thomson Reuters 2023

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Talks Underway for Global Framework on Crypto Rules, Says FM Nirmala Sitharaman

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India's G20 presidency has put on the table key issues related to regulation of crypto assets, the minister said.
By Reuters | Updated: 6 September 2023

Discussions are underway on a global framework to regulate crypto assets, India’s finance minister said on Tuesday, adding that cryptocurrencies could not be regulated efficiently without the cooperation of all countries.

“India’s (G20) presidency has put on the table key issues related to regulating or understanding that there should be a framework for handling issues related to crypto assets,” Nirmala Sitharaman said at an event in the financial capital of Mumbai.

“Active discussions are happening.”

Back in March, the Indian government said that its money laundering laws would apply to trade in cryptocurrencies.

The exchange between virtual digital assets and fiat currencies, the exchange between one or more forms of virtual digital assets, and the transfer of digital assets will be covered under money laundering laws, the notification released at the time said.

India is yet to finalise legislation and regulations surrounding cryptocurrencies even as the country’s central bank has cautioned against their use multiple times. The Reserve Bank of India has said that cryptocurrencies should be banned as they are akin to a Ponzi scheme.

G20 president India’s push to regulate cryptocurrencies gained support from both the International Monetary Fund and the United States in February.

India had said it wanted a collective global effort to deal with problems posed by cryptocurrencies such as bitcoin, and the finance ministry had said it had held a seminar for G20 member states to discuss how to come up with a common framework.

In February, Sitharaman and US Treasury Secretary Janet Yellen had discussed strengthening multilateral development banks, global debt vulnerabilities, and crypto assets on the sidelines of the G20 finance chiefs meeting.

© Thomson Reuters 2023

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SBI Introduces UPI Interoperability With eRupee CBDC for Seamless Transactions

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The feature is accessible via the 'eRupee by SBI' application.
By ANI | Updated: 4 September 2023

The State Bank of India (SBI) has announced the implementation of Unified Payments Interface (UPI) interoperability with the Digital Rupee, also called as Central Bank Digital Currency (CBDC).

With this move, SBI aims to deliver convenience and accessibility to its customers. This feature, accessible through the ‘eRupee by SBI’ application will empower users to effortlessly scan any merchant UPI QR code for transactions.

SBI was among the first few banks to participate in the RBI’s retail digital e-rupee project.

Unified Payments Interface (UPI) is India’s mobile-based fast payment system, which facilitates customers to make round-the-clock payments instantly, using a Virtual Payment Address (VPA) created by the customer. UPI payment system has become hugely popular for retail digital payments in India, and its adoption is increasing at a rapid pace.

“The seamless integration of CBDC with UPI marks a significant leap for the bank, enhancing the acceptance and utilization of digital currencies in everyday transactions,” said SBI in a release. “Bank feels that this integration will be a game changer for the digital currency ecosystem.”

“By bridging the gap between CBDC and the extensively used UPI platform, SBI aims to revolutionize payments made in India. With this move in the realm of digital payments, the future of CBDC integration appears promising,” it added.

The digital rupee, also called as Central Bank Digital Currency (CBDC), was launched by the Reserve Bank of India on a pilot basis on December 1, 2022. In the Union Budget 2022-23, Finance Minister Nirmala Sitharaman announced about rolling out of the digital currency called Central Bank Digital Currency (CBDC).

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CBDCs are an electronic form of a sovereign currency. As is the case with cash, it will not earn any interest but can be converted to other forms of money, like deposits with banks.

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