In the Matter of Poloniex, LLC, Respondent, Order Instituting Cease-and-Desist Proceedings

Exchange Act Release No. 92607 (2021)

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In the Matter of Poloniex, LLC, Respondent, Order Instituting Cease-and-Desist Proceedings

Securities and Exchange Commission
Exchange Act Release No. 92607 (2021)

Facts

Poloniex, LLC (defendant) operated a digital-asset trading platform through which users could buy and sell certain digital assets in a secondary market. Among other things, Poloniex (1) provided a limit-order book that matched multiple buyer and seller orders; (2) stored user orders on its order book in digital assets, many of which were securities within the meaning of the Securities Act of 1933 (Securities Act); and (3) displayed top orders (including symbol, size, and price) as bids and offers. Poloniex charged trading fees for each transaction executed on its platform. Poloniex did not register as a national exchange with the Securities and Exchange Commission (SEC) pursuant to § 5 of the Securities Exchange Act of 1934 (Exchange Act). The SEC instituted an administrative proceeding with respect to Poloniex, which Poloniex offered to settle. The SEC made certain factual and legal findings in connection with its acceptance of Poloniex’s settlement offer.

Rule of Law

Issue

Holding and Reasoning ()

Dissent (Peirce, C.)

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