Not exact matches
Before launching a
cryptocurrency or a product with its value tied to one or more
cryptocurrencies, its promoters must either (1) be able to demonstrate that the currency or product is not a
security or (2) comply with applicable registration and other requirements
under our
securities laws.
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).
After the SEC's ruling that DAO tokens were considered
securities, popular
cryptocurrency exchanges such as Bittrex, Poloniex, and ShapeShift declared that they will examine listed tokens
under the Howey test and delist probable
security tokens to avoid violation of applicable
security exchange
laws.
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.
Binance was one of the seven
cryptocurrency exchanges that received a warning letter from the
Securities and Futures Commission telling firms not to trade digital assets defined as securities under Hong
Securities and Futures Commission telling firms not to trade digital assets defined as
securities under Hong
securities under Hong Kong
law.
SEC Chairman Jay Clayton has said repeatedly (with increasing force) that many
cryptocurrencies and initial coin offerings fall
under US
securities law.
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.
The SFC said it has sent letters to seven
cryptocurrency exchanges in Hong Kong OR with connections to Hong Kong telling them not to trade in digital currencies which are
securities as defined
under existing
securities law.
KODAKCoin's status as a
security likely will preclude the token from being tradable on unregulated
cryptocurrency exchanges that are subject to U.S.
securities laws — likely affecting the token's liquidity — and KODAKCoins would be resalable by purchasers only either in a registered
securities offering or a transaction exempt from
securities registration (such as
under the Rule 144 safe harbor for sales by non-affiliates after a holding period is met).
Wyoming has been the most aggressive in passing blockchain - friendly legislation, passing five
laws: declaring that «utility tokens» would not be regulated
under state
securities laws, exempting
cryptocurrencies from property taxes, adjusting its money transmitter regulation to accommodate
cryptocurrency exchanges, allowing LLCs to register on a blockchain, and enabling the secretary of state to register companies on a blockchain.
Even more, many platforms for swapping digital currencies for cash or other
cryptocurrencies fall
under the «exchange» umbrella as defined by federal
securities laws.