The Munchee Order provided food for thought for token sellers and gatekeepers who have been hungry for guidance on the status of digital
tokens under the federal securities laws.
Not exact matches
[6] In the 21 (a) Report, the Commission applied longstanding
securities law principles to demonstrate that a particular
token constituted an investment contract and therefore was a
security under our
federal securities laws.
In applying the Howey Test to The DAO, the SEC report concluded that digital coins or
tokens issued by an individual or entity for the purpose of raising funds for projects may be considered
securities under federal law, regardless of whether done so using a traditional company or decentralized autonomous organization.
After reviewing the Report, the Order and the Statement, RepuX believes that RepuX
Tokens and the manner in which they are being offered are substantially different from the DAO
Tokens and Munchee
Tokens and their offering processes, and so RepuX
Tokens should not be considered «
securities»
under U.S.
federal securities laws.
If RepuX
Tokens were deemed to be
securities under U.S.
federal securities laws, we may be required to terminate the
Token Sale in the U.S. and refund funds received from U.S. purchasers of RepuX
Tokens.
Securities and Exchange Commission (SEC) feels it is imperative to bring the issuance and sale of digital tokens under the country's federal secur
Securities and Exchange Commission (SEC) feels it is imperative to bring the issuance and sale of digital
tokens under the country's
federal securitiessecurities law.
The SEC teamed up with CFTC to issue a joint statement on Friday, saying: «When market participants engage in fraud
under the guise of offering digital instruments — whether characterized as virtual currencies, coins,
tokens, or the like — the SEC and the CFTC will look beyond form, examine the substance of the activity and prosecute violations of the
federal securities and commodities
laws.»
«When market participants engage in fraud
under the guise of offering digital instruments — whether characterized as virtual currencies, coins,
tokens, or the like — the SEC and the CFTC will look beyond form, examine the substance of the activity and prosecute violations of the
federal securities and commodities
laws,» it said.
The SEC ruled
tokens offered and sold by The DAO are classified as
securities, and therefore fall
under federal securities laws.