The U.S. Securities and Exchange Commission (SEC) has signaled that it intends to appeal a recent court ruling that found that the sale of XRP tokens to retail investors does not qualify as a sale of securities.
In a statement on Friday, the SEC said that it believes the ruling was “wrongful” and that it “seeks to review the ruling.” The agency also said that it is “considering several options” for reviewing the decision.
The ruling in question was issued on July 13, 2023, by U.S. District Judge Analisa Torres. In her ruling, Torres found that the SEC had failed to adequately prove that XRP is a security.
Ripple Labs, the company behind XRP was sued by the SEC in 2020, alleging that the company had violated securities laws by selling XRP to retail investors without registering them however Ripple Labs has argued that XRP is not a security, but rather a currency or commodity. The company has also argued that the SEC has overstepped its authority by bringing the lawsuit.
The SEC’s decision to appeal the ruling is a setback for Ripple Labs, but it is not necessarily a fatal blow as the appellate court could uphold the ruling, or it could rule in favor of the SEC.
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The outcome of the appeal could have a significant impact on the cryptocurrency industry. If the SEC is successful in appealing the ruling as it could set a precedent that makes it more difficult for other cryptocurrency companies to raise capital. However, if the court upholds the ruling, it could provide a major boost to the cryptocurrency industry by clarifying the legal status of XRP and other cryptocurrencies.
The appeal is likely to take several months or even years to be resolved. In the meantime, the cryptocurrency market will be watching closely to see how the case unfolds.