Coinbase lawyers file a brief to get legal clarity on “Investment Contract”


The Coinbase lawyers filed a brief with the court to get some additional information regarding the “Investment Contract” which is going to play a very important role in the Coinbase vs SEC battle.

Coinbase is a top popular American crypto exchange. This is a public crypto firm and trades under the index $COIN on the Nasdaq exchange. In the middle of 2023, this exchange was sued by the United States Securities and Exchange Commission (SEC) for operating crypto services. The SEC body imposed multiple charges against this crypto company, on behalf of the Securities Act. 

On 13 April 2024, Coinbase legal officer Paul Grewal informed that the Coinbase team filed a brief in the court to get clarity on the “investment contract”. 

Grewal explained that Coinbase is asking the court for permission to seek an interlocutory appeal in their case with the SEC. The key question they want to be clarified is whether an “investment contract” needs to involve something contractual. Coinbase believes it does, but the SEC body disagrees.

Essentially, Coinbase is seeking clarification on whether a formal contract is necessary for something to be considered an investment contract in their case.

Grewal said that this brief should be submitted by the Coinbase lawyers later but the decision has been made somewhat earlier because it is a very important thing for not only the Coinbase exchange but also for the whole crypto sector. After all, the SEC body is taking action beyond the legal authority granted by Congress and puts an unjust cloud over US digital asset innovation. 

Furthermore, the Coinbase legal officer also dragged attention toward the Ripple vs SEC case in which the SEC lawyers used an “investment contract” as a subject to the crypto transactions. 

So Grewal believes that legal clarity on the “Investment Contract” concept is going to play a vital role in the legal battle against the SEC body. 

Read also: SEC body faces loss in Govil loss, Ripple may get benefits from this case