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DeFi Protocol UniSwap Receives Enforcement Note Over Securities Law Concerns, Vows to Fight Back

April 11, 2024
in Australian Crypto News
Reading Time: 4min read
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DeFi Protocol UniSwap Receives Enforcement Note Over Securities Law Concerns, Vows to Fight Back
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  • The SEC has continued its attack on the cryptosphere, this time turning its attention to DeFi leaders UniSwap.
  • The SEC handed in a Wells Notice to the decentralised exchange earlier this morning, suggesting a legal battle is about to take place.
  • UniSwap was quick to assure the community it was ready to fight the allegations.
  • The outcome of this case is almost certain to have a huge impact on the crypto market and how decentralised platforms are regulated going forward.

The Securities and Exchange Commission’s regulation-by-enforcement stance isn’t softening anytime soon, with decentralised exchange UniSwap now coming under fire from the US body. It’s been a topsy-turvy 12 months for the industry, with impressive gains and institutional adoption juxtaposed with increasing scrutiny from US regulators. With Coinbase, XRP and Binance all in the crosshairs, UniSwap appears to be next in line to face legal proceedings over the classic “unregistered securities” accusation.

Related: ASIC Files Appeal Against Federal Court’s Finder Wallet Decision

UniSwap is “Ready to Fight”

Earlier this morning, UniSwap was handed a Wells Notice from the SEC, which is a warning that legal action is likely to be taken against the company for regulatory violations. What makes this attack extremely interesting is that Gary Gensler and the crew are going after a decentralised exchange – something that, in theory, should not be possible due to its lack of a central governing body. However, Gensler maintains that DEXs aren’t actually decentralised and therefore are subject to its regulations.

UniSwap did not react lightly to the news, swiftly releasing a simple statement:

…We’re ready to fight. This is the latest political effort to target even the best actors in crypto like Uniswap and Coinbase.

UniSwap

UniSwap’s founder, Hayden Adams, went in even harder on the allegations.

Today @Uniswap Labs received a Wells notice from the SEC.

I’m not surprised. Just annoyed, disappointed, and ready to fight.

I am confident that the products we offer are legal and that our work is on the right side of history. But it’s been clear for a while that rather than…

— hayden.eth 🦄 (@haydenzadams) April 10, 2024

Former SEC Chief of Internet Enforcement, John Reed Stark, was not impressed with UniSwap’s response, suggesting that “such futile attempts to rally the mob pretty much always backfire”. 

SEC Sends Wells Notice to Uniswap. Not Surprising.

However, I am always amazed when SEC Wells Notice recipients fight back by throwing stones at the SEC with obnoxious/insulting PR campaigns, like the one Uniswap seems to have begun. Such futile attempts to rally the mob pretty… pic.twitter.com/3oUti4LQ9m

— John Reed Stark (@JohnReedStark) April 10, 2024

However, the broader crypto community’s reaction to the news can be summed up in one word: incensed.

1/9

Unbelievable.

Uniswap is 6 years old.

For 6 years, the SEC has also failed to provide any guidance on the space, and now sends them a Wells Notice?

Let’s be really fucking clear on something here: https://t.co/RAnK4o0IBt

— Adam Cochran (adamscochran.eth) (@adamscochran) April 10, 2024

Uniswap has been fighting for the core principles of crypto since they launched. To me, they stand for the idea that immutable peer-to-peer financial technology is not only possible, but inevitable. That it can win.

It’s unfortunate that the SEC is forcing them to take that… https://t.co/7MTpx24WMp

— Dan Robinson (@danrobinson) April 10, 2024

Although Coinbase, Binance and XRP are likely higher-profile cases in the public’s eye, UniSwap vs the SEC might end up being the most impactful case for precedence in the crypto community. If the SEC truly does have jurisdiction over decentralised exchanges, the landscape of the DeFi world is set to be changed forever. 

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