NFTs can be securities but SEC Wells notice to OpenSea ‘not productive’ — Lawyer

Atlas Development chief legal officer Oscar Franklin Tan stated that the Wells notice “does everything except provide us with clear rules to follow.”

A lawyer believes that, in some cases, non-fungible tokens can be considered securities. However, the legal professional believe that the recent Wells notice sent by the United States Securities and Exchange Commission (SEC) to OpenSea is not a good use of their time. 

On Aug. 28, OpenSea CEO Devin Finzer said that the company received a Wells notice from the SEC, saying that the government agency believes that NFTs on their platform are securities.

A Wells notice from the SEC is a formal warning indicating that the government agency may take enforcement action against a company. It typically outlines the regulator’s case and gives the potentially accused firm an opportunity to respond to the allegations.

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Atlas Development chief legal officer Oscar Franklin Tan stated that the Wells notice “does everything except provide us with clear rules to follow.”
A lawyer believes that, in some cases, non-fungible tokens can be considered securities. However, the legal professional believe that the recent Wells notice sent by the United States Securities and Exchange Commission (SEC) to OpenSea is not a good use of their time. On Aug. 28, OpenSea CEO Devin Finzer said that the company received a Wells notice from the SEC, saying that the government agency believes that NFTs on their platform are securities. A Wells notice from the SEC is a formal warning indicating that the government agency may take enforcement action against a company. It typically outlines the regulator’s case and gives the potentially accused firm an opportunity to respond to the allegations.Read more