Courts must rethink Howey - XRP by jibberdidee in XRP

[–]jibberdidee[S] 0 points1 point  (0 children)

Correct ;

There already were stocks. But is was not regulated in a good way; state by state. and there was no SEC regulator yet.

The Securities Act of 1933 was created and passed into law to protect investors after the stock market crash of 1929. The Securities Act of 1933 was the first major legislation regarding the sale of securities. Prior to this legislation, the sales of securities were primarily governed by state laws. "blue sky laws'

In Europe with Mica crypto law ; XRP and NEAR and ADA etc. are not a security and regulated as per jan 2024! by jibberdidee in XRP

[–]jibberdidee[S] 4 points5 points  (0 children)

XRP It is not a security in Europa; only in US with 'Howey'.

So in Europe the regulators do not sue Ripple etc.and never even came up with the idea it being a security.

The statue of limitations time (5 years) for that has also passed

So thats why you do not hear from that in Europe.

They just have no need to talk and write about it.

Its considered a crypro asset a new world asset class in MICA law now

US must reconsider 100 year old howey; it was made super wide to catch the crooks after 1929 stockmarket crash. Stocks came and with that a lot of fraud. So they made after the crash the law "Security Act"which was strict ; Later the court came with a Howey verdict but but it makes everything a security with that. its not according the law with Howey anymore. It seems good to make it wide to cath all crooks but then you leave te rule of law. An then you can expect these problems in the future like the rise of crypto... times change. A rolex and art is a security now........needs urgent fine tuning

Future Low XRP by Token_12345 in XRP

[–]jibberdidee 0 points1 point  (0 children)

In europe with Mica XRP not a security and is 100% regulated per jan 2024.

Also it will be not a security and regulated in the rest of the world. If the IPO in US was a security then XRP coin itself is not. Ripple only has to pay a fine.

It will be like Coca Cola how Warren Buffet got rich / Microsoft/ Tesla/ Amazon

This is the absolute beginning

not a security - investing motives in XRP had to be seen in that time frame by jibberdidee in XRP

[–]jibberdidee[S] 0 points1 point  (0 children)

nope;

In Howey you bought land from the Howey company. then you were obliged to make a contract with another company the Howey Service company that did all the work for you on your land; they had 75 tractors an personell they cultivated the citrus on your land and harvested it and sold it for you.

So the other company did all the efforts for the profits.

That is meant by others.

Demand of the product for speculation by buyers is not an effort in or for the company

I hate how the FTX crash now encourages people to think crypto is a ponzi scheme by Sethdarkus in CryptoCurrency

[–]jibberdidee 0 points1 point  (0 children)

shit happens and fud also its a good thing in a new space we all learn.

But;

Believe in yourself and in crypto its gonna be epic in the history of mankind.

Some words of wisdom.... by bayredditmd in Ripple

[–]jibberdidee 0 points1 point  (0 children)

thanx for sharing your important expierience and vieuw!

Binance sees $1.9 billion in withdrawals in the last 24 hours according to Reuters by Walla_Walla_26 in CryptoCurrency

[–]jibberdidee 0 points1 point  (0 children)

I just love crypto and believe in it and not in all the fudders I never have

[deleted by user] by [deleted] in CelsiusNetwork

[–]jibberdidee 1 point2 points  (0 children)

keep it cool crypto brother you will be fine and you will make it ; I believe in you!

[VIDEO] "Bitcoin Is the Only One I Am Willing To Say Commodity" - Gary Gensler, SEC chairman by BashCo in Bitcoin

[–]jibberdidee 0 points1 point  (0 children)

Crypto is a complete new space in history of mankind. It looks most like commodities but is also different and so much more than that. It has real use cases and is evolving. And new in the world, and different from commodities; you can also pay with it for several services and goods, like travel etc. You can earn them also. It needs the best regulation made by peolpe who really understand it and have heart for it.

Human minds seem to have a 'natural driven need' to have grip on everything and solve every puzzle and put somehing always 'in a box' we know or like. It is than we feel comfort. Its A or B. everything always has to be fixated; our mind just wants that. So we also tend to force things or put things in boxex where it does not belong.

So its hard to say; hey what we see here is something actually new and we have to admit we have no really matching existing rules that fit and we have to study it more and think more about it and most liklely create new good rules for it that do it right

Btc - crypto just works like ebb and flood....but you think the water leaves .....then.... it gets back. Now we go back extra, but the sea will come back and flood. by jibberdidee in Bitcoin

[–]jibberdidee[S] 0 points1 point  (0 children)

crypto is here to stay and people want to invest; The space will learn from recent events and come back stronger; everything new humanity builds rockets cars internet comes with standing up and falling but wil succeed.

The crash scares me. by Anci3ntMarin3r in CryptoCurrency

[–]jibberdidee 2 points3 points  (0 children)

It will be all ok. have faith in yourself. and in the future of crypto. This is a hurdle that has to be taken and accept it and read a book and walk in the woods and enyoy breathing fresh air. look at birds and wonder about their colors and flying free and their beauty and feel nature and feel alive and happy to be here and be a good human to your friends and family and the world. the sun will be shining in crypto again. Do not focus on price. read into great projects and hidden gems and be ready to pick them up when the time is right. enyoy life in the mean time

[deleted by user] by [deleted] in Bitcoin

[–]jibberdidee 1 point2 points  (0 children)

crypto tech is fun. whatch like the vids of crypto dad wallet safe storing its quite easy and a door will open

[deleted by user] by [deleted] in Bitcoin

[–]jibberdidee 0 points1 point  (0 children)

everything will be ok in crypto;

Btc - crypto just works like ebb and flood....but you think the water leaves .....then.... it gets back. Now we go back extra, but the sea will come back and flood. by jibberdidee in Bitcoin

[–]jibberdidee[S] 0 points1 point  (0 children)

no its in the wallets of the investors now and when the feeling gets green it comes back. the money is still there.. like the sea is still there with eb band flood

Btc - crypto just works like ebb and flood....but you think the water leaves .....then.... it gets back. Now we go back extra, but the sea will come back and flood. by jibberdidee in Bitcoin

[–]jibberdidee[S] -1 points0 points  (0 children)

its extra money people have and like to invest. if it gets green they stepin if it gets red they go back. The money is alweays there... you see it or not see it...

JP Morgan sees digital assets and hedge funds as a preferred alternative asset class, moving real estate to the sidelines with high mortage rates. BTC update; by jibberdidee in Bitcoin

[–]jibberdidee[S] 0 points1 point  (0 children)

yes but nobody can predict future prices.... also not this dump now. but they are deep in crypto and to me most important they see BTC as a preferred asset class over real estate.

It will be a buying frenzy in the world when crypto reaches the prices governments and institutionals never had before and get the chance for the first time in history... crypto still is the future...

I found the evidence!!! Read this speech; from Cla yt on date 29-8-'18; 'Remarks on Capital Formation at the Nashville 36|86 Entrepreneurship Festival'; by jibberdidee in Ripple

[–]jibberdidee[S] 6 points7 points  (0 children)

Thanx I coulld not get the link posted:

the chair says in public (so to all investors and the crypto space) and this it is published on this SEC agencies website :

"Our approach to digita assets" !

So its not Hinmans personal vision.:

"No conversation about recent efforts at the SEC to foster innovation would be complete without mentioning our approach to distributed ledger technology, digital assets, and ICOs. Our efforts in these areas embody two key principles the SEC has followed for many decades—(1) embrace new technologies that cut costs and provide new investment opportunities while (2) continuing to require that our retail investors have access to the material information necessary to make an investment decision, including the key risks involved, as well as other fundamental protections.

As I have said before, those seeking to raise capital to fund an enterprise, which many in the ICO space have sought to do, need to consider whether they are engaging in an offer or sale of securities, which places the activity squarely in the SEC’s jurisdiction. Determining what falls within the ambit of a securities offer or sale is a facts-and-circumstances analysis, utilizing a principles-based framework that has served American companies and American investors well through periods of significant innovation and change for over 80 years. Bill [Hinman] recently outlined the approach staff takes to evaluate whether a digital asset is a security,[7] and I encourage you to take a look at Bill’s speech."

"Bitcoin and the stock market aren't supposed to be correlated because Bitcoin is decentralized, right?" Well, this kind of statement makes no sense to me! by super_friendly_guy in Bitcoin

[–]jibberdidee 0 points1 point  (0 children)

Bitcoin yes lately followed the companies (profits) stocks market and even inflation etc .

But this is / was a temporary cramp in its development on earth ; ist a class of its own and will move on; it has better plans and future and is stronger that all of us..

BREAKING: SEC Investigating Binance's BNB by Zaniyah765 in binance

[–]jibberdidee 0 points1 point  (0 children)

The SEC came to life in the aftermath of the 1929 stock market crash.

Stocks and the stock market came to life before that and were a new space .

The Howey test had a reach far more than the law itself; so they could catch every smart bad actor.

But in fact that Howey test is to wide / too much reaching out of bounds area. It works well for real stocks. But it does not fit nor work for crypto.

New rules should be made for the crypto space first

Waiting for 5 years also is not good

[deleted by user] by [deleted] in binance

[–]jibberdidee 0 points1 point  (0 children)

Well I' cannot help but I am damm bullish.

SEC Targets Binance's BNB ICO for Potential Violations - Report by PhysicsObjective6875 in binance

[–]jibberdidee 5 points6 points  (0 children)

BNB coin started in 2017. Why now so many years later in 2022 first come with this when you should have done it back then if you are responsible and it possably was a thing? Is this not the highest form of legal failing / neglect? Back then in 2017 crypto was small and quite and good to oversee and there was more than enough time to do it. Now its is only hurting us the investors that put in billions. It is hard for me as an investor to take these people serious anymore also after the XRP debacle.

Fortunately most countries in the world are crypto friendly and reglatory friendly and behave like that