You can purchase XRP on numerous centralized finance (CeFi) platforms around the world, such as Bitstamp, Huobi, and Binance.
Ripple and the SECRipple Labs, the company that incorporates the XRP token into its offerings, has been engaged in a legal dispute with the U.S. Securities and Exchange Commission (SEC) since late 2020. The central issue is whether XRP qualifies as a security.
On Dec. 22, 2020, the SEC initiated a lawsuit against Ripple Labs and two of its executives, alleging they sold $1.3 billion worth of XRP as an unregistered security. While there are differing views on the case, Ripple has vigorously defended itself, claiming the SEC’s evaluation is biased.
To decide if a cryptocurrency is a security, the SEC applies the “Howey test,” which stems from the 1946 Supreme Court decision in SEC v. W.J. Howey Co. Under this framework, an asset is deemed a security if it is marketed with the promise of profits derived from the work of others. According to the SEC’s characterization of XRP in the complaint, the token would meet the criteria of the Howey test, meaning it should have been registered under SEC rules.
Unlike most firms facing similar SEC actions who opted to settle, Ripple chose to contest the charges. The result of this litigation is expected to have significant consequences for the cryptocurrency industry. A victory for Ripple might undermine the SEC’s authority, encouraging other crypto businesses to challenge the regulator. Conversely, an SEC win could drastically change how crypto companies function, potentially introducing strict registration requirements for securities.