最像证券 BNB,现在正式不算证券了

深潮Published on 2024-07-31Last updated on 2024-07-31

看来 SEC 可能,是以是否可以罚款赚到钱作为判断的实际标准吧~

撰文:观察员老王

今天美帝的华盛顿特区法院公布了一份庭审文件,显示 SEC 通知币安, $BNB $BUSD 不算证券啦!

其实在所有加密货币中,币安币 $BNB 按理说是最像证券的,不仅因为币安是加密行业为数不多的现金牛公司,而且和其他美股上市公司一样,一直在回购(销毁)币安币。

例如本月 BNB 基金会就发布公告称,已完成第 28 次 BNB 季度销毁,本次共销毁约 164.3 万枚 BNB,价值约 9.7 亿美元。

不仅如此,币安币还有比股票分红更频繁的空投,就有大 V 统计,仅 2024 年半年左右的 $B 时间,BNB 的持有者获得了价值 18.41 亿美金的项目代币空投,占 $BNB 目前总市值的 2.16%。

就这么个浓眉大眼的家伙,怎么看怎么像证券,怎么就不算证券了呢?

美帝判断证券的标准有四个:

  1. 收了钱 (Invest of Money)

  2. 是否为共同事业 (Common Enterprise)

  3. 是否有盈利预期 (Expectation of Profit)

  4. 投资者收入是否依赖他人(Derived From The Efforts of Others)

这么一看,币安币应该全部都符合:

  1. 买币安币是要花钱的

  2. 不就是为了币安的加密事业么?

  3. 买币不就是为了赚钱么?

  4. 不就是靠币安的牛马和各项目方给投资者赚钱吗?

其实币安为了合规,早在 21 年底取消了利润回购的机制,而改为自动销毁。

改成自动销毁机制后,会根据当时的 BNB 市场价格以及该期间 BNB 链上产生的区块数量自动计算每个季度要销毁的 BNB 数量。

也就是说,理论上 BNB 销毁与币安交易所的利润无关,而是更和 BNB 链的行为相关。

而且币安的各种空投也需要用户有自己有操作。

这样一番骚操作下来,BNB 投资者的预期收入就算「不依赖他人(Derived From The Efforts of Others)」了。

而与此同时,SEC 还坚持认为 Solana 这些代币属于证券。。。

看来 SEC 可能,是以是否可以罚款赚到钱作为判断的实际标准吧~

SEC 算是和 Binance 已经达成了和解,对 Binance 应该是会做出罚款。

很多小伙伴问,之前不是都罚了四十几亿了么?

那是罚 CZ 的,和这次罚币安不冲突哈!

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