The exchange argues that XRP is already classified as a commodity under the Commodity Futures Trading Commission (CFTC), and thus should not fall under the SEC's regulatory umbrella.
Crypto exchange Bitnomial filed a lawsuit against the Securities and Exchange Commission (SEC) on Monday over the regulator’s classification of XRP futures as securities.
The exchange argues that XRP is already classified as a commodity under the Commodity Futures Trading Commission (CFTC), and thus should not fall under the SEC’s regulatory umbrella.
“Bitnomial disagrees with the SEC’s view that XRP is an investment contract and, therefore, a security, and that XRP Futures are thus security futures,” the company said in its lawsuit.
The company, which received approval from the CFTC to trade crypto futures in August, said it submitted a self-certification to list XRP futures contracts on its platform.
However, the SEC intervened, claiming that these futures were securities and that Bitnomial needed to register as a national securities exchange before proceeding.
The development comes amid a broader legal clash between the SEC and several crypto firms over the classification of digital assets and crypto-related financial products.
Crypto(.)com, for instance, argues that the SEC's failure to provide clear guidance creates an inconsistent regulatory framework that stifles legitimate business operations.
Ripple Labs, Binance, and Coinbase are among the prominent companies that have been embroiled in legal disputes with the SEC.
In a recent statement, Bitnomial CEO Luke Hoersten expressed confidence in their case, emphasizing the unique nature of their lawsuit, which could set a legal precedent regarding the regulation of crypto derivatives, specifically XRP futures contracts.
Meanwhile, the SEC has maintained its stance that crypto-related financial products, including futures, fall under its jurisdiction and are subject to registration and oversight.
"The federal securities laws require all dealers in all securities to register with the Commission, and those who operate in the crypto asset markets are no exception,” Jorge G. Tenreiro, the acting chief of the SEC's crypto assets and cyber unit, said in a statement.
In a statement to Reuters, a Cumberland spokesperson said the charges were "incredibly frustrating and disappointing," criticizing the SEC for a lack of clear and consistent regulatory framework.
"We are hopeful that the court will quickly recognize the SEC's overreach and clear the way for the launch of XRP futures," the spokesperson added.
Amid these developments, SEC Commissioner Mark Uyeda has publicly voiced his concerns over the agency’s current approach to crypto regulation.
“We’ve done nothing to provide guidance on it,” Uyeda said, highlighting the absence of clear rules that govern cryptocurrency transactions.
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