Bitnomial has filed a lawsuit against the U.S. Securities and Exchange Commission (SEC) in an Illinois district court, challenging the agency’s authority over its proposed XRP futures contract. The crypto derivatives exchange, regulated by the Commodity Futures Trading Commission (CFTC), is disputing the SEC’s claim that XRP is still classified as a security.
In its lawsuit, Bitnomial highlighted the SEC’s stance:
The SEC takes the view that the underlying asset, XRP, is an investment contract and, therefore, transactions in XRP constitute a security under the Securities Exchange Act.
“Bitnomial disagrees with the SEC’s view that XRP is an investment contract and, therefore, a security, and that XRP Futures are thus security futures,” the firm added.
Bitnomial’s CEO, Luke Hoersten, emphasized the broader implications of the case, telling Fox Business:
Establishing this precedent is not just about XRP; it’s about all digital assets.
Hoersten further noted the company’s unique position in pushing for a clear judicial ruling on the classification of XRP futures. “Unlike other U.S. businesses in litigation with the SEC, Bitnomial has not been accused of wrongdoing,” he said. He pointed out that this status allows Bitnomial to seek a definitive decision regarding whether XRP futures should be classified as securities or commodities, following the Southern District of New York’s ruling that XRP is not a security.
