Bored Ape Yacht Club: No More Monkey Business

In late 2022, a difficult period for the cryptocurrency industry persisted, marking the middle of what many considered a “crypto winter.” Popular tokens and currencies like Bitcoin and Solana lost over 50 per cent of their value, with other Web 3.0 adjacent technologies following the same path. Debate surrounded the industry at large, and the US Securities and Exchange Commission (SEC) flexed its regulatory muscle on a “poster boy” non-fungible token (NFT), Bored Ape Yacht Club (BAYC), in efforts to provide more structure to the NFT market. The chairman of the SEC, Gary Gensler, who was extremely knowledgeable in the crypto space and also considered a tough regulator among the community, had to determine how to classify BAYC. Ultimately, questions surrounding BAYC’s legal interpretation were being posed in the SEC's investigation: Should BAYC be regulated as a security? Were investors protected? Should NFTs be considered art? Did BAYC violate security regulations? As one of the leading representatives of the entire $2 trillion crypto industry, the potential regulation of BAYC had major implications for its peers, the underlying technology, and a spectrum of investors.