XRP, SEC, and disclosures – Here’s what this court’s ruling means

    SEC’s Final Rule regarding disclosure requirements vacated by U.S Court of Appeals for the Fifth Circuit
    Ripple expects XRP ETF launch and new stablecoin amidst an ongoing legal battle with the SEC

As an analyst with a background in securities law and experience following the crypto market, I find the recent turn of events both intriguing and concerning. The U.S. Court of Appeals for the Fifth Circuit’s decision to vacate the SEC’s “Final Rule” on private fund advisers may have significant implications for the regulatory landscape of the crypto industry.


Recently, the court made a decision that goes against the U.S. Securities and Exchange Commission (SEC)’s attempts to impose stricter regulations on private fund advisers. The judges have ruled in favor of the private fund managers, halting the enforcement of these new SEC regulations for now.

The Securities and Exchange Commission (SEC) has finalized a new rule aimed at strengthening the oversight of private fund advisers, effective August 23, 2023. This rule, which will be included in the Code of Federal Regulations, is designed to safeguard investors and prevent fraudulent activities.

As a researcher examining this topic, I came across the controversy surrounding the cancellation of the plan by the private fund manager associations. Despite my initial expectations, their objections were strong enough to overturn the decision made by the United States Court of Appeals for the Fifth Circuit.

Impact on the crypto market

The “Final Rule” would significantly affect the SEC’s power to ensure crypto companies comply with disclosure regulations.

As a crypto investor, I’ve been closely following the insights shared by SEC Chair Gary Gensler during his interview with CNBC. He emphasized the significance of transparency and disclosure in the crypto space. In simpler terms, he encouraged all crypto projects to be clear about their operations and financials, ensuring that investors like myself have a solid understanding of what we’re investing in.

President Roosevelt established a commission with the primary role of ensuring that investors received necessary disclosures. Contrarily, in cryptocurrency markets, such disclosures are not being provided to investors.

He went on to say,

“But the disclosure doesn’t necessarily protect a bad actor if they are manipulating a market.”

As a crypto investor, I can’t help but voice my disappointment with the Securities and Exchange Commission (SEC) expanding their reach into our market. Ripple’s Chief Legal Officer, Stuart Alderoty, shared this sentiment on platform X, stating: “Regarding the SEC’s recent actions, it’s important to remember that open dialogue is essential for progress in any industry. I personally believe the SEC’s approach doesn’t accurately reflect the nature of crypto assets and their role within the broader financial ecosystem.”

As a analyst, I find myself posing the question yet again: “How much of our tax dollars have been spent in vain on Gensler’s SEC attempts to broaden its regulatory scope beyond legal limits?”

This is an important reminder that the Ripple update coincides with an anticipated court ruling in their ongoing legal dispute with the SEC.

XRP ETF next in line?

Amidst the persistent court case between Ripple and the Securities and Exchange Commission (SEC), whispers abound regarding the prospective introduction of XRP-based exchange-traded funds (ETFs).

As a researcher studying the regulatory landscape of cryptocurrencies, I’ve noticed an intriguing development: The Securities and Exchange Commission (SEC) has recently given its approval for Bitcoin spot exchange-traded funds (ETFs). Furthermore, Ethereum ETFs are reportedly on the verge of launch. This sequence of events leads me to speculate that the SEC may be softening its stance towards cryptocurrencies.

Echoing similar sentiments, Ripple CTO Brad Garlinghouse recently noted,

“An XRP ETF is just simply inevitable.”

Ripple’s President Monica Long has added fuel to the anticipation by suggesting that the long-awaited stablecoin from Ripple may still make its debut this year.

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2024-06-08 12:07