The Securities and Exchange Commission (SEC) in the Philippines has issued a warning to the public regarding the investment in Gemini’s Gemini Derivatives product. The SEC advisory, posted on their website, states that Gemini Derivatives falls under the category of securities according to Philippine law and should be registered with the SEC. However, Gemini lacks the necessary licensing and authority to operate in the country, making it an unregistered security.
The advisory also highlights the complaints filed by the United States Securities and Exchange Commission (SEC) and the U.S. Commodity Futures Trading Commission against the crypto exchange. It further quotes comments made by SEC Chair Gary Gensler regarding Gemini’s Earn Program, which the SEC filed a complaint against in January.
The Gemini Foundation platform was launched in several jurisdictions on May 1, including the Philippines. However, it is not available in the United States, United Kingdom, or European Union. The platform offers a Bitcoin perpetual contract denominated in the exchange’s native currency, the Gemini dollar.
It is worth noting that the crypto exchange is currently involved in a legal dispute with Genesis Global Capital, a crypto lender owned by Digital Currency Group. Genesis Global Capital declared bankruptcy in January, resulting in approximately $700 million worth of Gemini customers’ funds being locked up.
The Philippine SEC warns that individuals selling or promoting unregistered securities may face penalties, including fines of up to 5 million pesos ($89,826) or imprisonment for up to 21 years.
Gemini vs SEC
In response to the SEC’s advisory, Gemini has not yet publicly commented on the matter regarding the warning issued by the Philippines Securities and Exchange Commission. However, it is important to note that regulatory authorities around the world have been increasingly scrutinizing the cryptocurrency industry to ensure compliance with existing securities laws and investor protection measures.
Gemini, founded by the Winklevoss twins, has gained recognition as a prominent cryptocurrency exchange and custodian, primarily operating in the United States. While the Company’s Foundation platform has expanded its services to multiple countries, including the Philippines, its operations in each jurisdiction may vary due to regulatory requirements and licensing agreements.
The legal battle between the crypto exchange and Genesis Global Capital has added further complexity to the situation. Genesis Global Capital’s bankruptcy declaration has resulted in significant funds being locked up, creating challenges for the troubled crypto exchange and its affected customers.
As the cryptocurrency industry continues to evolve, regulatory compliance remains a crucial aspect for businesses operating in the sector. Investors are advised to exercise caution and thoroughly research any investment opportunities, ensuring they comply with the relevant laws and regulations of their respective jurisdictions.
The Philippines SEC’s advisory serves as a reminder for individuals to be vigilant and verify the legality and registration status of investment products offered in the cryptocurrency market.
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