JP Morgan Says Ethereum Can Elude SEC “Security” Classification
The Securities and Exchange Commission (SEC) has been investigating Ethereum (ETH) in recent weeks to classify it as a security, largely revolving around its shift to proof-of-stake governance in September 2022. In addition, recent research from S&P Global has emphasized the concerns of concentration that come with ETH staking, namely on platforms such as Lido.
However, there has been a significant change in attitude, as JP Morgan indicates a rising sense of optimism over Ethereum’s ability to avoid being classified as a security. This is attributed to the decreasing proportion of staked Ether held by Lido, which should alleviate worries over concentration in the Ethereum network.
“The share of Lido in staked ETH has decreased further from around one third a year ago to around a quarter at the moment,” analysts led by Nikolaos Panigirtzoglou wrote. “This should reduce concerns about concentration in the Ethereum network, thus raising the chance that Ethereum will avoid being designated as security in the future.”
The analysts provided additional insights derived from the Hinman documents, which were publicly released in June 2023. The document highlighted the importance of network decentralization in the SEC’s assessment of whether digital tokens could be classified as securities.
Based on their research, if the tokens on a network exhibit a significant level of decentralization, the SEC is less inclined to categorize them as securities.
As per the Howey test, any transaction that meets the criteria of an investment contract is classified as a security. If Ether avoids being classified as a security, it will be a significant victory for the crypt industry, like the success achieved by Ripple’s XRP.
Furthermore, the report added that the recent Dencun upgrade should “help Ethereum to increase its dominance against alternative layer 1 blockchains and to recapture the lost market share due to previous scalability issues.”
ETH is currently trading at $3,335, down roughly 5% over the last four weeks. However, if it follows XRP’s footsteps, avoiding security designation could see a significant jump for Ether.
