The U.S. Securities and Exchange Commission (SEC) has argued in court that approving a firm's S-1 application to go public, does not represent a “blessing” from the agency, nor provide a verification that the business is regulatory compliant.
In the interest of transparency, here is the transcript from our hearing yesterday in the SDNY case brought against us by the SEC. We appreciate the Court’s careful consideration. https://t.co/NEEsr05fos
As per July 13 court documents from the pre-motion hearing of the SEC vs Coinbase case, the SEC asserted that it was not signing off on Coinbase’s business structure when giving it the greenlight to go public back in April 2021.
“Your Honor, I'll say that simply because the SEC allows a company to go public does not mean that the SEC is blessing the underlying business or the underlying business structure or saying that the underlying business structure is not in violation of the law,” SEC trial counsel Peter Mancuso said, adding that:
On crypto Twitter, several people including Gemini co-founder Cameron Winklevoss highlighted the implications of such statements, as they questioned why the SEC would allow a supposedly non-compliant business to go public in the first place, given that its goal is to protect U.S. consumers.
so they allow ipo for illegal business and let americans invest in it? lmao sec is cooked
U.S.-based firms are required to submit an S-1 filing with the SEC before they can start listing their shares on a national stock exchange. As part of the filing, companies need to provide a comprehensive rundown of their business structure and how proceeds from an Initial Public Offering will be used.
Following Mancuso’s comments, U.S. District Judge Katherine Polk Failia said:
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