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Web3 Gaming at Risk? NFT Platform CyberKongz Received a Wells notice from SEC

Key Takeaways

  • The SEC’s Wells notice to CyberKongz raises concerns about Web3 gaming tokens needing to register as securities;
  • CyberKongz denies wrongdoing, clarifying its 2021 Genesis Kongz event was a contract update, and vows to defend its position;
  • CyberKongz remains resilient, gaining support from Axie Infinity's co-founder and calling for fair treatment of NFTs.
Web3 Gaming at Risk? NFT Platform CyberKongz Received a Wells notice from SEC

The US Securities and Exchange Commission (SEC) has issued a Wells notice to CyberKongz, a non-fungible token (NFT) platform.

In an X post on December 16, CyberKongz shared that the SEC questioned the use of an ERC-20 token tied to a blockchain game.

The regulator argued that such tokens must be registered as securities before release. CyberKongz believes this discourse could impact the entire Web3 gaming sector and has promised to oppose it.

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The SEC's focus on CyberKongz seems to center on its 2021 “sale” of Genesis Kongz NFTs. However, CyberKongz clarified that the event was not a primary sale but a contract migration.

CyberKongz emphasized that it has mostly operated without external funding and has relied on limited resources to grow.

Despite the pressure, CyberKongz remains determined. He stated:

We hope that the new administration puts an end to this unjustness on our industry, but until then we will fight for NFT projects on all chains.

The platform received support from Jihoz Zirlin, co-founder of Axie Infinity AXS $7.64 , who expressed confidence that future leadership will bring fairer treatment for NFT projects.

It revealed that CyberKongz has been handling SEC inquiries for two years, describing the process as "suffering in silence". The company also criticized the decision, calling it a last-minute effort by the current administration to slow down the NFT industry.

While CyberKongz pushes back against the SEC, other NFT cases have also made headlines. Shaquille O’Neal recently faced a lawsuit over allegations of misleading promotion for the Astrals NFT project. How did he settle the $11M case? Read the full story.

Aaron S. Editor-In-Chief
Having completed a Master’s degree in Economics, Politics, and Cultures of the East Asia region, Aaron has written scientific papers analyzing the differences between Western and Collective forms of capitalism in the post-World War II era.
With close to a decade of experience in the FinTech industry, Aaron understands all of the biggest issues and struggles that crypto enthusiasts face. He’s a passionate analyst who is concerned with data-driven and fact-based content, as well as that which speaks to both Web3 natives and industry newcomers.
Aaron is the go-to person for everything and anything related to digital currencies. With a huge passion for blockchain & Web3 education, Aaron strives to transform the space as we know it, and make it more approachable to complete beginners.
Aaron has been quoted by multiple established outlets, and is a published author himself. Even during his free time, he enjoys researching the market trends, and looking for the next supernova.

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