CoinDesk The SEC's recent Munchee order offers a significant insight into its views of how to analyze
ICOs under securities laws, says Katherine Cooper.
Not exact matches
That said, the SEC has brought a number of cases against blatant fraudsters in the cryptocurrency markets as well as against
ICOs that clearly fall
under the scope of
securities law (e.g., Munchee).
In December, he issued a statement explaining why he believes certain
ICOs should fall
under the jurisdiction of federal
securities law and, as such, be filed beforehand.
Why would existing financial institutions and regulators scuttle existing methods of raising capital or attempt to squeeze
ICOs under traditional
securities law, even if considered a sale of
securities?
Where an
ICO involves an offer to the Hong Kong public to acquire «
securities» or participate in a CIS, registration4 or authorisation5 requirements
under the
law may be triggered unless an exemption applies.
Further, the coins in each
ICO are subject to resale restrictions
under securities law which impose a fairly stringent hold period where further trading and transfer of the coins are prohibited indefinitely (unless certain rigid criteria are met).
Around the time of the publication of the OSC Staff Notice, a number of provincial
securities regulators granted limited relief from dealer registration requirements
under securities laws where coins issued in an
ICO were offered as
securities.
Many
ICOs are considered «
securities offerings»
under U.S.
law.
Specifically, concerns are raised that the «white papers» often used to provide some disclosure regarding
ICOs should comply with Canadian
securities law requirements, that those engaged in soliciting and facilitating these trades need to be properly registered as gatekeepers and that the online exchanges that facilitate secondary trading in cryptocurrencies need to be formally recognized as a «marketplace»
under Canadian
securities laws.
«
Under U.S.
securities law, there is no reason for BlockMason to deny persons in the United States the opportunity to purchase CP tokens in the BlockMason
ICO as proposed in the BlockMason whitepaper of August 14, 2017.»
The Chinese government banned cryptocurrency trading, Canadian authorities dragged
ICOs under the jurisdiction of
securities law, the U.S. Securities and Exchange Commission (SEC) warned that new rules for ICOs are imminent, and South Korea banned anonymou
securities law, the U.S.
Securities and Exchange Commission (SEC) warned that new rules for ICOs are imminent, and South Korea banned anonymou
Securities and Exchange Commission (SEC) warned that new rules for
ICOs are imminent, and South Korea banned anonymous trading.
It investigated The DAO, an online corporation, and declared that its
ICO involved
securities subject to regulation
under federal
securities laws.
Unfortunately, as a startup, we do not have the necessary resources to both develop our DApp and challenge the SEC's investigation regarding our
ICO and its interpretation
under US
securities law.
As such, these specific
ICOs must operate
under the rule of federal
securities laws or risk invoking the SEC's wrath.
However, according to Reuters, it is unclear whether these
ICO regulations will fall
under the anti-money-laundering
laws or whether
ICOs will be treated as
securities.
News.Bitcoin.com The Canadian
Securities Administrators (CSA) has issued a statement outlining regulatory concerns regarding Initial Coin Offerings (ICOs) that may fall under securi
Securities Administrators (CSA) has issued a statement outlining regulatory concerns regarding Initial Coin Offerings (
ICOs) that may fall
under securitiessecurities laws.
Overstock's tZERO initial coin offering (
ICO) is
under federal investigation for potential violations of
securities laws, the company confirmed on Thursday.
Last fall, the SFC fired a shot across the bow of
ICO issuers stating certain
ICOs may be deemed
securities and thus fall
under existing
securities laws.
Where an
ICO involves an offer to the Hong Kong public to acquire «
securities» or participate in a CIS, registration or authorization requirements
under the
law may be triggered unless an exemption applies.
«Issuers of
ICOs should be mindful that the launching of an
ICO, the offering of digital tokens in exchange for digital currency or any form of payment and incidental activities thereof, may trigger regulatory requirements
under securities laws.
Switzerland's financial watchdog, the Swiss Financial Market Supervisory Authority (FINMA), recently published initial coin offering (
ICO) guidelines that reveal the regulator will oversee the fundraisers and regulate them either
under anti-money laundering
laws, and as
securities.