December 5, 2023

Binance.US and the US Securities and Exchange Commission (SEC) have reached an agreement that avoids a complete asset freeze on the exchange. This blog post delves into the details of the deal and its implications for Binance.US and its users.


Binance.US, a separate entity from Binance that adheres to US regulations, has reached a deal with the SEC to ensure the continuation of its operations while the lawsuit filed by the commission progresses. This agreement aims to protect user funds and maintain access to assets, while allowing the SEC’s claims against the exchange to be addressed. In this blog post, we will explore the specifics of the deal and the significance it holds for Binance.US and its users.

The Implications of a Complete Shutdown:

US District Judge Amy Berman Jackson acknowledged the potential negative consequences of a complete shutdown of Binance.US. She recognized that such an action would not only adversely impact the exchange but also disrupt the overall digital assets market. The attorney representing Binance.US emphasized the necessity of covering operating expenses, such as salaries, rent, and vendor payments, even in the midst of the lawsuit. The attorney argued that freezing assets completely would lead to misunderstandings with banks.

Asset Freeze Concerns and the SEC’s Demands:

The SEC expressed concerns that Binance might transfer user funds offshore, prompting the commission to request an asset freeze. The SEC’s attorney also proposed that Binance transfer funds to the US and submit them to independent entities not connected to the exchange or its CEO, Changpeng Zhao. However, Judge Jackson considered the practicality of the SEC’s demands and the potential impact on Binance.US’s business operations.

Balance Between Protecting Funds and Business Operations:

To strike a balance between protecting user funds and allowing Binance.US to continue operating, the SEC agreed to permit the exchange to retain sufficient assets for business expenses and operations. The court required Binance.US to submit a detailed breakdown of all fees and costs necessary to sustain its operations, ensuring transparency in its financial management.

The Lawsuit Background:

The SEC’s lawsuit against Binance alleges various violations, including the mishandling of user funds through a separate entity controlled by CEO Changpeng Zhao. Additionally, the commission claims that Binance did not effectively restrict US customers to its compliant Binance.US platform, knowingly allowing “high-value US customers” to trade on the parent exchange. The SEC contends that Binance and Zhao deliberately flouted US regulations for their own financial gain, jeopardizing customers and investors in the process.

Binance’s Response and the Importance of Cooperation:

In response to the lawsuit, Binance defended itself by highlighting its history of cooperation with the SEC and its willingness to answer all relevant inquiries. The exchange expressed disappointment that the SEC chose litigation over continuing the ongoing “good-faith discussions” between the parties. Binance asserts its commitment to regulatory compliance and aims to resolve the issues through constructive dialogue.


The agreement between Binance.US and the SEC represents a significant step toward protecting user funds while allowing the lawsuit to proceed. By ensuring that operating expenses are covered and user access to funds is maintained, this deal seeks to strike a balance between the interests of both parties involved. As the case progresses, it remains crucial for Binance.US to uphold its commitment to regulatory compliance and engage in open communication with the SEC to find a resolution that safeguards users’ investments and maintains market stability.

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