The Securities and Exchange Commission (SEC) announced today (Thursday) that eToro USA LLC will pay $1.5 million to settle charges related to operating an unregistered broker and unregistered clearing agency.

The settlement comes as eToro is considering listing its shares, with the US as a potential destination. The company is currently exploring an initial public offering (IPO) in either New York or London. According to eToro, a US listing would provide access to a broader range of investors compared to the British market.

Federal Requirements Violated

The charges arise from eToro's trading platform, which facilitated the buying and selling of certain crypto assets classified as securities. As part of the settlement, eToro has agreed to cease violating federal securities laws and will limit the range of crypto assets available for trading.

According to the SEC’s order, eToro has been operating as both a broker and a clearing agency since at least 2020. The platform allowed U.S. customers to trade crypto assets considered securities without complying with registration requirements under federal law.

“This settlement allows us to move forward and focus on providing innovative and relevant products across our diversified U.S. business. U.S. users can continue to trade and invest in stocks, ETFs, options and the three of the largest cryptoassets,” commented Yoni Assia, eToro’s Co-Founder and CEO.

“As a company serving over 38 million registered users from more than 75 countries, the terms of the settlement will have a minimal impact on our global business,” he continued. “Outside of the United States, eToro users will continue to enjoy access to over 100 cryptoassets.” He reassured that as a global, multi-asset trading and investing platform, eToro continues to experience strong growth and remains committed to becoming a public company in the future.

eToro Agrees to Settlement

In response to the SEC’s order, eToro announced that only Bitcoin, Bitcoin Cash, and Ether will be available for U.S. customers to trade. The company also confirmed that users will have 180 days to sell other crypto assets before they are removed from the platform.

In general, US users are not required to take any action. Only positions that cannot be transferred to the eToro crypto wallet are affected. This accounts for less than 3% of the total dollar value of US customers’ cryptoassets. Positions in cryptocurrencies that are transferable to the eToro crypto wallet can remain open on the eToro platform indefinitely.

The SEC stated that, without admitting or denying the findings, eToro has agreed to a cease-and-desist order, to pay a $1.5 million penalty, and, within 187 days of the order, to liquidate any crypto assets classified as securities that it cannot transfer to its customers, returning the proceeds to those customers.

“eToro has been offering regulated securities across the globe since before the invention of crypto,” said the CEO. “As an early adopter and global pioneer of cryptoassets as well as a significant player in regulated securities, it is important for us to be compliant and to work closely with regulators around the world.”

“We appreciate the importance of regulation to protect consumers,” Assia reassured. “We now have a clear regulatory framework for cryptoassets in our home markets of the UK and Europe and we believe we will see similar in the U.S. in the near future. Once this is in place, we will look to enable trading in the cryptoassets that meet this framework.”