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Coinbase receives Wells notice from SEC over product offerings

Coinbase has received a Wells notice from the US Securities and Exchange Commission (SEC), indicating that the regulator may take action against the company.

The notice was revealed in a blog post by Coinbase, in which the company said that the SEC is focused on its staking service Earn, institutional arm Prime, and consumer-facing Wallet product. The notice is significant because it often signals the conclusion of an SEC investigation and may lead to enforcement action.

Despite the news, Coinbase has maintained that its product offerings remain unchanged, and the company is “prepared for this disappointing development.” In a statement, Coinbase emphasized that it welcomes a legal process that would provide clarity on the SEC’s engagement with digital assets, claiming that the SEC has not been fair or reasonable in this regard. However, it remains uncertain how the situation will unfold.

Coinbase is not the only company to have received a Wells notice from the SEC. Earlier this year, Paxos, the issuer of stablecoin BUSD, also received a similar notice. Many believe that stablecoins are a point of emphasis for the SEC, as the regulator has been increasingly scrutinizing these types of assets. Additionally, the SEC has recently taken action against Tron founder Justin Sun and celebrities like Lindsay Lohan for violating securities laws.

While historically, approximately 80% of issued Wells notices have resulted in tangible charges, the situation for Coinbase may be different, given the changing landscape of the cryptocurrency industry and the new leadership at the SEC under Gary Gensler.

Nonetheless, the development highlights the ongoing regulatory challenges faced by cryptocurrency companies in the US. Some industry insiders have expressed frustration with the SEC’s approach, with Kraken CEO Jesse Powell stating that regulators in the US are hindering the growth of the crypto industry.

Despite the uncertainty, Coinbase has maintained that it does not offer securities to customers. The company’s stance may be tested in the coming weeks and months, as the SEC’s investigation into the company’s products and services continues.

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