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SharpLink Gaming plunges following SEC filing

The S-3 registration allows investors to resell shares. The firm also announced Friday it’s acquiring $463 million worth of ethereum.

Sage D. Young

SharpLink Gaming announced Friday it had acquired $463 million worth of ethereum, claiming to be the largest publicly traded holder of the cryptocurrency, but the news was unable to reverse the downward trajectory of the shares, which had plummeted 70% following a late Thursday release of an S-3 registration statement with the US Securities and Exchange Commission. 

“Under this registration statement, the Selling Stockholders may sell from time to time in one or more offerings the Securities described in this prospectus,” the document states. 

SharpLink’s stock was at the $32.50 mark as of market close Thursday and fell during extended trading hours to under $9. Today, the stock is up from its premarket lows to roughly $10.75 as of 12:10 p.m. ET.

Joseph Lubin, chairman of the firm’s board of directors, said neither he nor Consensys, which led SharpLink’s investment round last month, have sold any shares. 

“This is standard post-PIPE procedure in tradfi, not an indication of actual sales,” Lubin said yesterday evening in an X post about the S-3 registration statement. “PIPE” stands for “private investment in public equity.”

Consensys general counsel Matt Corva said the S-3 registration filing doesn’t reflect investor sales, which may or may not ever happen. “SBET filed about selling the shares two weeks ago, the market knew about that, and now this is the official statement saying yes SBET sold those shares to investors and they count (i.e. are registered),” he wrote on X. 

SharpLink stated its plans to offer up to $1 billion in shares of its common stock to buy ethereum in a May 30 SEC filing, which came days after announcing its $425 million capital raise to jumpstart a new corporate strategy for an ethereum treasury.

From May 30 through June 12, the firm sold shares under its $1 billion at-the-market equity program, raising about $75 million in gross proceeds, most of which will be dedicated to buying ethereum, according to the press release, which said the company acquired 76,270.69 ethereum tokens at an average acquisition price of $2,626 per token. It also said that “over 95% of SharpLink’s ETH holdings are actively deployed in staking and liquid staking solutions, contributing to Ethereum’s network security while generating native yield.”

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Payward, parent company of crypto exchange Kraken, puts plans for IPO on hold

Payward, crypto exchange Kraken’s parent company, has paused its plans for an initial public offering until market conditions improve, according to a report from CoinDesk that cited two people with knowledge of the matter. 

Since the firm announced in November its preparation for an IPO of its common stock, the total market capitalization of the crypto industry has shed around $652.2 billion, from $3.2 trillion to $2.5 trillion as of Wednesday, data from CoinGecko shows. 

The news comes two weeks after Kraken received approval for a master account from the Federal Reserve Bank of Kansas City, allowing the crypto exchange to connect to the Fed’s payment infrastructure used by traditional banks and credit unions. 

Last year, Kraken raised $800 million at a $20 billion valuation from institutional investors such as Jane Street and Citadel Securities.

The news comes two weeks after Kraken received approval for a master account from the Federal Reserve Bank of Kansas City, allowing the crypto exchange to connect to the Fed’s payment infrastructure used by traditional banks and credit unions. 

Last year, Kraken raised $800 million at a $20 billion valuation from institutional investors such as Jane Street and Citadel Securities.

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SEC and CFTC issue new guidance on how securities laws apply to crypto assets

On Tuesday, the US Securities and Exchange Commission, together with the Commodity Futures Trading Commission, issued an interpretation clarifying how federal securities law applies to crypto assets, a first step toward developing a clearer regulatory framework. 

The interpretive guidance introduces a token taxonomy for different types of cryptocurrencies, with SEC Chairman Paul S. Atkins adding that “most crypto assets are not themselves securities.”

Examples of a digital commodity, “a crypto asset that is intrinsically linked to and derives its value from the programmatic operation of a crypto system that is ‘functional,’” include:

The guidance also includes definitions of digital collectibles (such as NFTs), stablecoins, digital tools, and digital securities (such as tokenized real-world assets and stocks).

This is a monumental step in the mainstream adoption of the industry and clears a hurdle in how crypto can operate going forward, according to David Pakman, head of venture investments at CoinFund. “This will allow new token designs with the confidence that their existence does not require registration with the SEC, etc.,” Pakman told Sherwood News.

Despite the clarification efforts from the two organizations, the market capitalization of the crypto industry has dropped about 2% in the last 24 hours as each of the tokens mentioned in the guidance are trading lower in the period, data from CoinGecko shows.

The joint agency action also complements congressional efforts to turn a crypto market structure framework into law. With the goal of providing regulations on the offer and sale of digital commodities, the CLARITY Act passed the House of Representatives last year and is now sitting in the Senate.

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