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SOL is not a security, says the Solana Foundation

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The SEC has labeled the SOL token as a security in two separate lawsuits filed on June 5 and June 6 against crypto exchanges Binance and Coinbase.

The Solana Foundation took to Twitter to address for the first time the U.S. Securities and Exchange Commission's classification of its native token, Solana (SOL), as a security.

"The Solana Foundation disagrees with the characterization of SOL as a security," reads a statement from June 10, noting that it welcomes the engagement of policymakers to achieve legal clarity in the digital assets space.

Solana's ​​native and utility token was publicly launched in March 2020. SOL holders stake the token in order to validate transactions through its consensus mechanism. The token can also be used to receive rewards, pay transaction fees, and enable users to participate in governance.

The Solana Foundation disagrees with the characterization of SOL as a security. We welcome the continued engagement of policymakers as constructive partners on regulation to achieve legal clarity on these issues for the thousands of entrepreneurs across the U.S. building in the…

— Solana Foundation (@SolanaFndn) June 10, 2023

The SEC has labeled the SOL token as a security in two separate lawsuits filed on June 5 and June 6 against crypto exchanges Binance and Coinbase, respectively. The classification is based on several factors, including the expectation of profits derived from the efforts of others, as well as how the tokens are being used and marketed.

"This classification is significant because it subjects Solana and associated activities to a different set of regulations and compliant requirements. [...] we are actively engaging with legal experts and are in communication with the SEC to understand and address their concerns," stated the Foundation in a letter to its community.

Along with SOL, the SEC listed other nine cryptocurrencies to the securities' classification on Binance's lawsuit: BNB (BNB), Binance USD (BUSD), Solana, Cardano (ADA), Polygon (MATIC), Cosmos (ATOM), The Sandbox (SAND), Decentraland (MANA), Axie Infinity (AXS) and COTI (COTI). In its Coinbase suit, the SEC named 13 cryptocurrencies, doubling down on the newly classified tokens and adding six more: Chiliz (CHZ), Flow (FLOW), Internet Computer (ICP), Near (NEAR), Voyager Token (VGX) and Nexo (NEXO).

According to the SEC, the term "security" includes an "investment contract," as well as other instruments such as stocks, bonds, and transferable shares. "A digital asset should be analyzed to determine whether it has the characteristics of any product that meets the definition of "security" under the federal securities laws," the regulator states in its guidance for analyzing digital assets as investment contracts.

The Solana Foundation did private sales of tokens in the past years, which means that it sold securities for institutional investors and venture firms. Its private sales were reportedly performed under a simple agreement for future tokens (SAFT), which is a security issuance for the eventual transfer of digital tokens from crypto developers to investors. Under token sales through a SAFT, Solana also filed private offering forms with the SEC, and investors were subject to lockups.

A public sale of SOL tokens was held during Solana's initial coin offering (ICO) in March 2020, allocating 8 million tokens to the public, or 1.6% of its initial token supply. This sale of tokens raised $1.76 million for the Solana Foundation, at $0.22 each.

In an opinion piece about the recent developments, legal expert and Bloomberg's contributor Matt Levine noted that previous securities offers of SOL should not make the token a security now. "The fact that those tokens now trade publicly, with less disclosure and fewer investor safeguards than the SEC would like, is, from the SEC’s perspective, unfortunate. But it’s not exactly Solana’s fault, or rather it is Solana’s fault but in a perfectly legal way," he stated.

Magazine: Crypto regulation — Does SEC Chair Gary Gensler have the final say?

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  • 15.10.25 18:07 crypto

    Cryptocurrency's digital realm presents many opportunities, but it also conceals complex frauds. It is quite painful to lose your cryptocurrency to scam. You can feel harassed and lost as a result. If you have been the victim of a cryptocurrency scam, this guide explains what to do ASAP. Following these procedures will help you avoid further issues or get your money back. Communication with Marie ([email protected] and WhatsApp: +1 7127594675) can make all the difference.

  • 15.10.25 21:52 harristhomas7376

    "In the crypto world, this is great news I want to share. Last year, I fell victim to a scam disguised as a safe investment option. I have invested in crypto trading platforms for about 10yrs thinking I was ensuring myself a retirement income, only to find that all my assets were either frozen, I believed my assets were secure — until I discovered that my BTC funds had been frozen and withdrawals were impossible. It was a devastating moment when I realized I had been scammed, and I thought my Bitcoin was gone forever, Everything changed when a close friend recommended the Capital Crypto Recover Service. Their professionalism, expertise, and dedication enabled me to recover my lost Bitcoin funds back — more than €560.000 DEM to my BTC wallet. What once felt impossible became a reality thanks to their support. If you have lost Bitcoin through scams, hacking, failed withdrawals, or similar challenges, don’t lose hope. I strongly recommend Capital Crypto Recover Service to anyone seeking a reliable and effective solution for recovering any wallet assets. They have a proven track record of successful reputation in recovering lost password assets for their clients and can help you navigate the process of recovering your funds. Don’t let scammers get away with your hard-earned money – contact Email: [email protected] Phone CALL/Text Number: +1 (336) 390-6684 Contact: [email protected] Website: https://recovercapital.wixsite.com/capital-crypto-rec-1

  • 15.10.25 21:52 harristhomas7376

    "In the crypto world, this is great news I want to share. Last year, I fell victim to a scam disguised as a safe investment option. I have invested in crypto trading platforms for about 10yrs thinking I was ensuring myself a retirement income, only to find that all my assets were either frozen, I believed my assets were secure — until I discovered that my BTC funds had been frozen and withdrawals were impossible. It was a devastating moment when I realized I had been scammed, and I thought my Bitcoin was gone forever, Everything changed when a close friend recommended the Capital Crypto Recover Service. Their professionalism, expertise, and dedication enabled me to recover my lost Bitcoin funds back — more than €560.000 DEM to my BTC wallet. What once felt impossible became a reality thanks to their support. If you have lost Bitcoin through scams, hacking, failed withdrawals, or similar challenges, don’t lose hope. I strongly recommend Capital Crypto Recover Service to anyone seeking a reliable and effective solution for recovering any wallet assets. They have a proven track record of successful reputation in recovering lost password assets for their clients and can help you navigate the process of recovering your funds. Don’t let scammers get away with your hard-earned money – contact Email: [email protected] Phone CALL/Text Number: +1 (336) 390-6684 Contact: [email protected] Website: https://recovercapital.wixsite.com/capital-crypto-rec-1

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