OpenSea Asks SEC for Clarification on NFT Regulation

OpenSea Asks SEC for Clarification on NFT Regulation

OpenSea, one of the largest non-fungible token (NFT) marketplaces, has formally submitted a request to the U.S. Securities and Exchange Commission (SEC) to exempt NFT platforms from federal securities regulations.

The letter was addressed on April 9 to Commissioner Hester Peirce, who heads the SEC’s Crypto Task Force. In the document, OpenSea’s legal representatives, including General Counsel Adele Faure and Deputy General Counsel Laura Brookover, argue that NFT platforms do not meet the legal definition of exchanges or brokers.

Their argument states that OpenSea and similar platforms do not execute transactions on behalf of users, do not act as financial intermediaries, and do not facilitate the gathering of multiple sellers for the same asset, as is typical in traditional stock exchanges.

This request follows several months after the SEC dropped an investigation into potential securities law violations by OpenSea. The context reflects a broader shift in the U.S. approach to crypto asset regulation.