CyberKongz Discloses SEC Wells Notice Over Token and NFTs

CyberKongz, one of the pioneering PFP NFT collections with deep ties to blockchain gaming, has publicly revealed it received a Wells Notice from the U.S. Securities and Exchange Commission (SEC).

The notice signals the SEC’s intent to recommend legal action against CyberKongz, alleging that the project may have violated securities laws. Specifically, the regulator’s concerns focus on the integration of an ERC-20 token within the CyberKongz ecosystem and a technical event involving Genesis Kongz NFTs in 2021.

CyberKongz has criticized the SEC’s approach, claiming it reflects a misunderstanding of blockchain technology and creates uncertainty for other blockchain-based gaming projects.

What was the notice all about?

The SEC’s primary concern centers on CyberKongz’s use of an ERC-20 token as part of its blockchain gaming platform. According to CyberKongz, the SEC claims that having a token in tandem with a game constitutes the offering of a security, a stance CyberKongz says could disrupt innovation in web3 gaming.

In addition to the token, the SEC is scrutinizing an event from April 2021 involving Genesis Kongz NFTs. CyberKongz clarified that this event was a smart contract migration—a routine blockchain process—rather than a token sale. The team has expressed concern that the SEC’s interpretation could blur the line between standard technical operations and financial transactions, creating ambiguity for developers across the industry.

“If they cannot distinguish between a primary sale and a contract migration, what hope do we currently have for a clear regulatory pathway going forward?,” CyberKongz stated.

Why is this significant to blockchain gaming?

The CyberKongz case comes at a time of increased regulatory scrutiny on blockchain projects, including NFTs, decentralized platforms, and gaming ecosystems. The SEC has also recently issued Wells Notices to other major players in the space, including NFT marketplace OpenSea and blockchain gaming platform Immutable.

The SEC’s position—if upheld—could set a precedent for how tokens are integrated into blockchain games, raising questions about compliance requirements for developers and projects that utilize similar models.

CyberKongz has positioned its response as a defense of not only its own operations but also the broader web3 space. The project argues that clear regulatory guidelines are needed to support innovation whilst addressing compliance concerns.

“This discourse would have major implications for the entire web3 gaming industry, and we will defend against this stance for the wider space,” CyberKongz stated vowing to challenge the SEC’s stance.