Web3 Gaming Firm Immutable Receives Wells Notice from SEC Over 2021 Token Sales

The notice provided limited information but allegedly targets the listing and private sales of Immutable's IMX token.

Web3 gaming company Immutable said on Friday it received a Wells Notice from the U.S. Securities and Exchange Commission (SEC) over its 2021 token sales.

The notice, which provides limited details, is said to focus on the listing and private sale of Immutable's IMX token. Following the news, IMX token's value dropped over 13% to $1.16.

Immutable strongly objected to the SEC's approach, highlighting that the regulator usually engages in discussions spanning months before issuing a Wells Notice. However, in this case, Immutable's first interaction with the SEC concluded with a notice being issued within hours, prompting criticism from the company, which likened the process to "spray-and-pray."

While a Wells notice indicates potential regulatory scrutiny, it does not imply any proven wrongdoing. This move comes as the SEC is increasing its efforts to regulate digital assets, evident in similar notices being issued to other prominent companies in the crypto space, including OpenSea, Coinbase, Kraken, Crypto.com and Robinhood.

Immutable noted the SEC's growing classification of tokens as securities, which has impacted several major crypto companies in recent years, including Coinbase and Ripple. Additionally, the CEO of Immutable and the Digital Worlds Foundation - the entity behind IMX - also received separate notices, and the company mentioned related inquiries from the DOJ, although no legal action has been proposed.

Immutable expressed frustration with the SEC's approach, asserting that the IMX token does not classify as a security and is prepared to challenge the SEC if necessary. The company criticized the regulator's limited communication and highlighted the industry's skepticism toward the SEC's regulatory approach, which it argued lacks transparency.

“To manufacture a case on a listing that occurred in 2021, with practically no direct communication with the company, is precisely the reason the industry is so skeptical of any attempts from this SEC to argue it is attempting to provide clarity,” Immutable said.

“Despite the SEC indiscriminately claiming that tokens across the industry are securities, we are confident the IMX token is not. If the manner of providing clarity to the industry is by winning against this attempted regulation by enforcement, then Immutable is happy to do so.”