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> The SEC's Report of Investigation found that tokens offered and sold by a "virtual" organization known as "The DAO" were securities and therefore subject to t
by iMuzz 9y ago
> The SEC's Report of Investigation found that tokens offered and sold by a "virtual" organization known as "The DAO" were securities and therefore subject to the federal securities laws. The Report confirms that issuers of distributed ledger or blockchain technology-based securities must register offers and sales of such securities unless a valid exemption applies.
> The agency has decided not to bring charges in this instance, or make findings of violations in the Report
So they aren't going to bring charged to the creators of The Dao. What about the other dApp's based in the US that have already ICO'd (BAT, Augur etc.)? Also, if a company successfully files/gets approved by the SEC, does that mean that NASDAQ can now list tokens?
AFAIK the SEC only cares about securities sold in the U.S. I'd imagine this incentivizes a lot of Token issuers to leave the U.S?
- Cshelton 9y agoThe SEC cares about U.S. citizens. If you marketed and/or sold to a U.S. investor, you are now under the SEC's jurisdiction. There are countries you can go to of course, but not many left. Grand Caymans... Switzerland is no longer a safe haven from U.S. jurisdiction either.
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- JumpCrisscross 9y ago> The SEC cares about U.S. citizens Residents. Noncitizen American residents are protected by the SEC. Though even that is a leaky boundary [1]. [1] http://clsbluesky.law.columbia.edu/2017/04/11/proskauer-rose-discusses-the-secs-extraterritorial-reach/ http://clsbluesky.law.columbia.edu/2017/04/11/proskauer-rose... Disclaimer: I am not a lawyer and this is not legal advice. Do not take legal advice from my Internet comments.
- JumpCrisscross 9y ago> AFAIK the SEC only cares about securities sold in the U.S. Or to American residents. The Treasury also claims jurisdiction over securities transactions done overseas using U.S. dollars.