Ripple’s decision not to include XRP on Liquidity Hub’s list of supported assets despite XRP’s certification as a digital asset has raised questions among the community members.
Australian-based lawyer Bill Morgan recently shed light on why Ripple took the difficult decision. He explained in a post on X that despite XRP receiving legal clarity, unresolved issues surrounding the firm’s use and sale of the crypto asset, compounded by the SEC’s pending appeal, have likely influenced the company’s decision.
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The potential risk of the SEC enforcement action and Ripple’s focus on customer and shareholder demands outweigh the immediate addition of XRP to Liquidity Hub. Regardless, Attorney Morgan speculates that Ripple may consider supporting XRP in the future.
XRP has clarity as not itself a security but Ripple's use or sales does not have final clarity given the SEC's intent to appeal. If Ripple uses XRP in LH can it or its customers be certain this will not attract SEC enforcement until the lawsuit & any appeal is finally resolved./1 https://t.co/fDrhDjEd1U
— bill morgan (@Belisarius2020) September 16, 2023
Ripple’s Exclusion of XRP from Liquidity Hub
Ripple’s Liquidity Hub, a solution designed to bridge the gap between crypto and fiat, notably did not include XRP in its initial list of supported assets, despite launching with several prominent cryptocurrencies and the US Dollar.
The community speculated that this omission was due to the ongoing SEC v. Ripple lawsuit, given that a federal court ruled in July that XRP itself is not a security. Community members expected Ripple to promptly add XRP to Liquidity Hub following the legal clarity, but their expectations were not met. Instead, Ripple recently announced support for stablecoins USDC and USDT.
SEC Appeal and Uncertainty
Attorney Bill Morgan clarifies that although XRP now has legal clarity, unresolved issues remain due to the SEC’s intent to appeal the court’s ruling. The SEC seeks an interlocutory appeal to challenge the court’s decision that says programmatic sales of XRP are non-securities.
Ripple and its customers are cautious about incorporating XRP into Liquidity Hub while the lawsuit remains unresolved, as it may potentially attract an SEC enforcement action.
According to Attorney Morgan, Ripple prioritizes the demands of its customers and shareholders over the interests of XRP holders. This approach aligns with Ripple’s assertion that there is no common enterprise between XRP holders and the company, meaning there are no legal obligations from Ripple to XRP holders arising from the purchase of XRP tokens.
John Deaton noted:
“That is hardly surprising. As the XRP community was happy to accept when Ripple argued that there was no common enterprise between XRP holders and Ripple, there are no rights against Ripple from the purchase of an XRP token and Ripple has no legal obligations to XRP holders.’’
Despite Ripple’s current decision, Attorney Morgan speculates that Ripple might add support for XRP in the future. While the specifics surrounding Ripple’s plans remain uncertain, potential developments may unfold as the SEC lawsuit progresses and market dynamics continue to evolve.
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