The Howey test involves an analysis of a given token offering to assess whether or not it should be treated as a ‘security’ under US securities laws and sold only to a certain pool of high net worth investors, or…
William Hinman head of the Division of Corporate Finance at the SEC has today announced that the SEC does not consider Bitcoin (BTC) or Ethereum (ETC) to be securities subject to US securities laws. The reasoning provided by the SEC…
The Securities and Exchange Commission has taken an unprecedented step in creating a fake website which purports to raise funds for a hypothetical Initial Coin Offering venture. Apparently, it is designed to educate the ignorant masses regarding ICO scams; however,…
A great deal of confusion exists as to the gauntlet of US securities laws with respect to alt-coins or crypto tokens issued through initial coin or token offerings. At its most basic a utility token may be described as a…
Section 2(a)(1) of the Securities Act of 1933 defines “securities” as: “any note, stock, treasury stock, security future, security-based swap, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement… investment contract… or, in general, any…