The Corporation Finance division of the US Securities and Exchange Commission (SEC) clarified that Memecoins do not constitute effects according to federal legislation, which marks a remarkable position on a sector of the cryptomarket that is often fed by speculation and internet culture.
In a personnel statement of 27 February, the SEC emphasized that Memecoins, which are usually inspired by online trends and a significant use, did not meet the definition of an “investment contract” under the Howey test – a legal standard that is used to determine whether a transaction is eligible as security.
The explanation emphasized that Memecoin transactions do not include pooled investor funds or management efforts of a centralized entity, important factors in determining security status.
According to the statement:
“Memecoins are mainly purchased for entertainment, social interaction and cultural involvement, with their value driven by market sentiment instead of the management or entrepreneurial efforts of others.”
The SEC also compared meme coins with collective objects and emphasized their speculative nature and price volatility.
While the position of the Memecoin promotors and traders of registration requirements under the Securities Act of 1933 is relieving, the agency warned that fraudulent activity with memecoins could still activate enforcement actions, among other things, federal and national laws.
The explanation emphasized that labeling a financial product as a “memecoin” does not indemnify securities regulations if the economic realities indicate differently.
The clarification comes after years of regulatory investigation over digital assets, where the SEC strives for aggressive enforcement actions against crypto projects that are deemed to have violated the securities laws.
Memecoins, often created as jokes or social experiments, have remained in a legal gray area, despite their growing presence in online trading communities.
Legal experts regard the position of the SEC as a possible shift in the regulation landscape, which means that a precedent is established for how speculative digital assets can be dealt with under federal legislation. Although the statement has no legal weight, it indicates a deviation from previous enforcement patterns aimed at token expenditure that is considered effects.
The announcement of the SEC could have broad implications for the crypto market, where memecoins have evolved from internet news to assets of several billions.
Despite the statement, uncertainties remain about future developments for regulations, in particular because legislators and agencies continue to debate extensive frameworks for digital assets.
The SEC confirmed his dedication to evaluate crypto products on a case-by-case basis, warning that new variations of meme coins designed to circumvent securities laws would still be subject to regulatory research.
Investors and crypto enthusiasts welcomed the clarification and considered it a step towards the consistency of the regulations. However, the warning from the agency against fraudulent regulations reinforced the need for market participants to remain careful in the midst of Meme Coin speculation.
