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Paxos Challenges SEC's Classification of BUSD as Security

Paxos disputes SEC's view on BUSD as a security while facing legal challenges, highlighting tensions in the stablecoin market.
Published on 2023-02-18

Paxos vs. SEC Over BUSD Security Classification

Paxos Trust Company is in a legal confrontation with the U.S. Securities and Exchange Commission (SEC) over the classification of its stablecoin, Binance USD (BUSD), as a security. The SEC has issued a Wells Notice, claiming Paxos failed to register BUSD in compliance with federal securities laws. Paxos strongly contests this viewpoint and is prepared to challenge it in court.

Simultaneously, the New York Department of Financial Services has instructed Paxos to cease issuing new BUSD tokens. This directive follows a complaint suggesting Binance's reserves might not adequately back BUSD.

Legal Actions Against Terraform Labs

The SEC has also taken legal action against Terraform Labs and its founder, Do Kwon, accusing them of orchestrating a large-scale crypto asset securities fraud. The allegations involve the sale of interconnected crypto asset securities, including the now-defunct algorithmic stablecoin TerraClassicUSD (USTC) and Terra Classic (LUNC), without proper registration.

The legal complaint seeks redress for violations of registration and anti-fraud provisions within securities laws, marking another significant development in the SEC's enforcement actions within the crypto industry.

Implications for the Crypto Industry

These events underscore the increasing regulatory scrutiny facing the cryptocurrency sector. With financial authorities intensifying their oversight, companies like Paxos and Terraform Labs are navigating complex legal landscapes. The outcomes of these cases could set critical precedents for how stablecoins and other crypto assets are regulated in the future.

This heightened attention from regulators emphasizes the need for clear compliance and transparency in the rapidly evolving digital asset market.

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