• Securities & Exchange Commission: Issuers of fractionalized non-fungible tokens must comply with securities laws.
  • The NFT industry has grown from virtually non-existent to a multi-million dollar industry, taking ERC-721 contracts to a new all-time high.
  • Digital artist Beeple admitted that he thinks the NFT industry is a bubble as speculation grows. 

Investors are increasingly investing millions of dollars in startups in the non-fungible token (NFT) industry, which has gained massive popularity this year as prices of popular cryptocurrencies like Bitcoin and Ether have climbed significantly.

Fractionalized NFTs could be against the law

The US Securities & Exchange Commission (SEC) commissioner Hester Pierce warned that issuing fractionalized NFTs could be considered investment contracts under the country’s securities law. 

Although the concept of NFT is to be non-fungible, which points to the fact it would be less likely to be deemed a security, Pierce highlighted that “people are being very creative in the type of NFTs they are putting out there.”

Fractional NFTs allow for retail investors to gain exposure to many highly-priced NFTs, which gives partial ownership rights to the buyers. 

Pierce further warned issuers to proceed with caution when selling fractional interests on NFTs and urged sellers to make sure that it is not an investment product that is being created. 

Investors pour $90 million into the NFT space

While the NFT mania continues to take on mainstream media, investors have poured $90 million into digital collectible companies and NFTs in 2021, according to CNBC data. Blockchain-based football game company Sorare raised roughly $50 million in February, led by venture capital funds including Benchmark and Accel.

Andrei Brasoveanu, the general partner at Accel, said NFTs are among the most exciting developments in the cryptocurrency industry the firm has seen for years. He added:

It’s one of those developments that has mass market appeal and could potentially impact a world outside the crypto niche.

NFTs have recently gained recognition in the wider market, with prominent celebrities including Snoop Dogg, Mark Cuban, Grimes, Lindsay Lohan, and Jack Dorsey launching their own unique tokens.

Twitter CEO Jack Dorsey sold his first-ever tweet for $2.9 million at the time of the sale, while Elon Musk also announced that he was selling his tweet, but later decided against it, saying “it doesn’t feel quite right selling this.”

Non-fungible tokens are no stranger to the sports industry as well. Dapper Labs launched an NFT platform aimed at basketball fans, which allows users to purchase and sell video highlight clips of iconic NBA basketball plays as NFTs.

From non-existent to a multi-million dollar marketplace

According to CoinMetrics, ERC-721 smart contracts that run on Ethereum to power most NFT tokens and have reached a new all-time high of roughly 19,000 amid the recent boom. 

In February 2021, NFT marketplaces traded a staggering $342 million, up from $12 million in December 2020. In the past few months, the NFT market has gone from “virtually non-existent to a flourishing multi-million dollar decentralized marketplace,” said Mati Greenspan, founder of Quantum Economics. 

Although NFTs have gained explosive popularity in recent months, ERC-721 contracts remain a relatively small portion of overall smart contracts deployed on the Ethereum network. 

With the massive growth in the industry, speculators have doubts about NFTs as an asset class. John Egan, CEO of L’Atelier BNP Paribas, said in an interview that NFT is one of the riskiest categories of assets out there.

Beeple calls NFT a bubble

In early March, digital artist Mike Winkelmann, known as Beeple, sold his famous digital artwork NFT for $69 million, making it the third most expensive artwork sold by a living artist. 

Despite his success with selling his NFTs, he admitted that NFT art is “absolutely” a bubble. He explained:

I absolutely think it’s a bubble, to be quite honest. I go back to the analogy of the beginning of the internet. There was a bubble. And the bubble burst.

The digital artist was “spooked” by Ethereum’s price volatility and immediately converted all the capital to US dollars. 

However, Winkelmann believes that the technology behind NFTs could be strong enough to outlive the bubble, much like the case with the internet. 

Information on these pages contains forward-looking statements that involve risks and uncertainties. Markets and instruments profiled on this page are for informational purposes only and should not in any way come across as a recommendation to buy or sell in these assets. You should do your own thorough research before making any investment decisions. FXStreet does not in any way guarantee that this information is free from mistakes, errors, or material misstatements. It also does not guarantee that this information is of a timely nature. Investing in Open Markets involves a great deal of risk, including the loss of all or a portion of your investment, as well as emotional distress. All risks, losses and costs associated with investing, including total loss of principal, are your responsibility. The views and opinions expressed in this article are those of the authors and do not necessarily reflect the official policy or position of FXStreet nor its advertisers. The author will not be held responsible for information that is found at the end of links posted on this page.

If not otherwise explicitly mentioned in the body of the article, at the time of writing, the author has no position in any stock mentioned in this article and no business relationship with any company mentioned. The author has not received compensation for writing this article, other than from FXStreet.

FXStreet and the author do not provide personalized recommendations. The author makes no representations as to the accuracy, completeness, or suitability of this information. FXStreet and the author will not be liable for any errors, omissions or any losses, injuries or damages arising from this information and its display or use. Errors and omissions excepted.

The author and FXStreet are not registered investment advisors and nothing in this article is intended to be investment advice.

Cryptos feed Join Telegram

Recommended content

Recommended Content

Editors’ Picks

Here’s the list of crypto exchanges that will support Terra’s LUNA hard fork

Here’s the list of crypto exchanges that will support Terra’s LUNA hard fork

Cryptocurrency exchanges are on board Terra’s LUNA hard fork and Do Kwon’s plan for the Terraform Labs token’s rebirth. Do Kwon has garnered support from leading cryptocurrency exchanges for the new Terra chain. 

More Terra News

Breaking: Ethereum breaks below $1,900 as selling pressure accelerates

Breaking: Ethereum breaks below $1,900 as selling pressure accelerates

Ethereum dipped below the $1,900 support level over the past few hours. A decisive close below such a vital demand zone will put ETH at risk of a 38% correction toward $1,200. 

More Ethereum News

A big price move is coming for Binance Coin; here’s what to look out for

A big price move is coming for Binance Coin; here’s what to look out for

A brief technical and on-chain analysis on Binance Coin price. Here, FXStreet's analysts evaluate where BNB could be heading next. 

More Binance Coin News

Top 3 Price Prediction Bitcoin, Ethereum, Ripple: Cryptos Ready - set - RALLY!

Top 3 Price Prediction Bitcoin, Ethereum, Ripple: Cryptos Ready - set - RALLY!

Bitcoin price, Ethereum and other cryptocurrencies are stabilising after the cryptocurrency space got slaughtered last week and two weeks ago.

More Bitcoin News

Bitcoin: The last rebound before capitulation

Bitcoin: The last rebound before capitulation

Bitcoin is showing bullish signs in the lower time frames, which can be taken advantage of by traders in the next couple of days. But looking at BTC from the higher time frames suggests that the bottom is not in yet.

Read full analysis