A Second Look at Third-Party Token Allegations in the SEC’s Case Against Binance

The SEC alleged that Binance in particular listed 10 tokens that it viewed as securities, as examples of how the exchange was violating federal securities laws by being a broker, dealer and clearinghouse: SOL, ADA, MATIC, FIL, ATOM, SAND, MANA, ALGO, AXS and COTI. In its motion to dismiss , Binance argued that the SEC couldn’t plausibly allege that they were securities, saying they didn’t meet the tenets of the Howey Test.