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Is Ethereum (ETH) a Security? CFTC's Commissioner Brian Quintenz Answers

Sun, 08/15/2021 - 14:31
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Vladislav Sopov
Seasoned fund manager and policy advisor once and for all removes any uncertainty
Is Ethereum (ETH) a Security? CFTC's Commissioner Brian Quintenz Answers
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Seasoned crypto regulation expert and partner at Hogan & Hogan law firm, attorney Jeremy Hogan, asked U.S. SEC boss Gary Gensler about the legal status of Ethereum (ETH). CFTC's Commissioner Brian Quintenz answered faster.

Not so simple a question

Mr. Hogan took to Twitter to ask Gary Gensler, head of the United States Securities and Exchanges Commission, whether Ether, a core asset of the Ethereum (ETH) blockchain, is a security.

The attorney added that Mr. Gensler is very well informed about what Ethereum (ETH) is. Also, the regulator recently claimed that U.S. legislation on securities is very clear.

That is why Mr. Hogan asked for a clear and unequivocal answer about the status of Ethereum (ETH).

However, CFTC commissioner Brian Quintenz answered earlier that his colleague is from the SEC.

"Non-security commodity"

Mr. Quintenz specified that the SEC and his agency, CFTC, share responsibility for regulation in the segment of futures contracts on securities.

At the same time, the futures contract on Ether (ETH) price is solely in the CFTC's purview. "Pure" commodities' derivatives are regulated in such a manner, he added.

That is why Ethereum (ETH) should not be treated as a security, Mr. Quintenz concluded.

Ethereum Could Still Be Classified as Security, According to SEC

As covered by U.Today previously, Mr. Gensler stressed in his interview that Ethereum and XRP "could" be classified as non-compliant securities.

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About the author

Blockchain Analyst & Writer with scientific background. 6+ years in IT-analytics, 3+ years in blockchain.

Worked in independent analysis as well as in start-ups (, Monoreto, Attic Lab etc.)