Bain Capital Legal Counsel: If it is not classified as Memecoin, it is not subject to SEC regulation

Odaily Planet Daily News Bain Capital legal counsel @KhurramDara posted on the X platform that the SEC made it clear in its statement that it cannot be considered that an asset is not subject to federal securities laws simply by calling it "Memecoin". It is worth noting that even if the trading behavior of Memecoin does not involve traditional securities investment contracts, if its characteristics change or it carries a clear promise of investment returns, it may still be subject to securities regulations. Earlier news, the U.S. Securities and Exchange Commission (SEC) Corporate Finance Supervision Division issued guidance on memecoins, saying that they are not securities, but similar to collectibles. The department believes that the transactions related to memecoins described in the guidance do not involve the issuance and sale of securities under federal securities laws. Therefore, individuals involved in the issuance and sale of memecoins do not need to register their transactions with the Commission under the Securities Act of 1933, nor do they need to comply with the registration exemption provisions in the Securities Act. Therefore, memecoin buyers or holders are not protected by federal securities laws.