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The United States Securities and Exchange Commission (SEC) has recently&nbsp;<a style="text-decoration:none" href="https://www.courtlistener.com/docket/67474542/253/securities-and-exchange-commission-v-binance-holdings-limited/" rel="noopener noreferrer nofollow">retracted</a> its request for a court to decide whether Solana (SOL) and other tokens are securities in its ongoing lawsuit against Binance. Despite this retraction, industry experts warn that this does not mean SOL has been cleared of being classified as a security.
<h2 dir="ltr" id="span-span-background-on-sec-s-stance-span-span">Background on SEC's Stance</h2>
On July 30, the SEC filed a response seeking to amend its complaint regarding the "Third Party Crypto Asset Securities" in the Binance lawsuit.&nbsp;
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The regulator stated it no longer seeks a court ruling on whether the tokens listed in the lawsuit are securities. However, this move should not be interpreted as a definitive stance on the status of these tokens.
<h2 dir="ltr" id="span-span-expert-opinions-span-span">Expert Opinions</h2>
Jake Chervinsky, chief legal officer at Variant Fund,&nbsp;<a style="text-decoration:none" href="https://x.com/jchervinsky/status/1818295226311606448" rel="noopener noreferrer nofollow">clarified</a> on social media that there is no reason to believe the SEC has decided SOL is a non-security. Chervinsky emphasized that the SEC continues to refer to these tokens as securities in other ongoing lawsuits, such as the one involving Coinbase.
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Justin Slaughter, policy director at Paradigm,&nbsp;<a href="https://x.com/JBSDC/status/1818291109669286086" rel="noopener noreferrer nofollow">warned</a> against overreading the SEC's filing, suggesting it does not imply the tokens are not securities. According to&nbsp;<a style="text-decoration:none" href="https://x.com/milesjennings/status/1818343679079465159" rel="noopener noreferrer nofollow">Miles Jennings</a>, general counsel at a16z Crypto, the SEC cannot prove that these tokens are securities due to the high bar set by Judge Amy Berman Jackson in the Binance case.
<h2 dir="ltr" id="span-span-implications-for-solana-and-other-tokens-span-span">Implications for Solana and Other Tokens</h2>
The SEC's decision to retract its court request does not mean SOL is&nbsp; free from scrutiny. The regulator's move to defer allegations simply postpones the need for a court ruling on these tokens. The judge may still need to determine whether these and other tokens meet the criteria to be classified as securities.
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The initial SEC complaint also included Filecoin (FIL), Cosmos (ATOM), The Sandbox (SAND), Decentraland (MANA), Algorand (ALGO), Axie Infinity (AXS), and Coti (COTI) as potential unregistered securities.&nbsp;
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The deferral of the SEC's claims could have significant implications for Solana and other projects, providing temporary relief but leaving the door open for future scrutiny.
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In the context of the Binance lawsuit, this development suggests a more streamlined legal battle. By postponing decisions on certain tokens, the SEC may focus on more immediate concerns, such as alleged mishandling of customer funds and regulatory evasion.

Solana Remains on the Security Status Hook Despite SEC's Court Move

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