OpenSea marketplace receives Wells notice from the SEC

Devin Finzer, CEO of non-fungible token (NFT) marketplace OpenSea, reported the company had received a Wells notice from the United States Securities and Exchange Commission (SEC), suggesting a potential enforcement action.

In an Aug. 28 X post, Finzer said the SEC had issued the Wells notice, alleging that the NFTs traded on the marketplace may qualify as unregistered securities. The OpenSea CEO said the platform was ready to “stand up and fight” any potential enforcement action.

“[T]his is a move into uncharted territory,” said Finzer. “By targeting NFTs, the SEC would stifle innovation on an even broader scale: hundreds of thousands of online artists and creatives are at risk, and many do not have the resources to defend themselves.”

The OpenSea CEO added:

“In addition to standing our own ground, we’re pledging $5M to help cover legal fees for NFT creators and devs that receive a Wells notice. Every creator, big or small, should be able to innovate without fear.”

The SEC has issued several Wells notices to crypto and blockchain firms to warn of potential enforcement actions related to alleged securities violations.

In March 2023, the regulator targeted crypto exchange Coinbase with a notice for allegedly offering digital assets that could be classified as unregistered securities. A similar warning was also issued to Binance.

In April 2024, the commission targeted decentralized finance protocol Uniswap, scrutinizing its developer for potentially acting as a securities exchange or broker without proper registration. In May, the regulator targeted Robinhood, focusing on the company’s crypto listings and custodial operations.

This is a developing story, and further information will be added as it becomes available.