Tagged: initial coin offerings

Korean Government Upholds ICO Ban: “No Company Had Actual Service,” Tokens Dumped

Citing “high risk,” “insufficient disclosure,” “no actual service” and token dump price plunges of 68% immediately after privately sold coins are introduced onto public exchanges, the Korean Government has decided to uphold strict regulation (reportedly a ban) on ICOs (initial coin offerings). The government made the decision… Read More

Doug Ellenoff Comments on FINRA’s Priorities Letter & Intent to Target Online Securities Platforms, Points a Finger at ICOs

FINRA recently posted their annual Risk Monitoring and Examination Priorities Letter. As part of the letter, FINRA stated they would be evaluating how firms conduct suitability analyses as well as communications and AML requirements for both Reg D 506c and Reg A+ offerings. These two exemptions… Read More

Here is the OECD Report on Initial Coin Offerings to Support SMEs

Just about every international organization that touches finance has postulated on initial coin offerings (ICOs) and what should be done with this new form of access to capital. Last week, the Organization for Economic Cooperation and Development (OECD) had their say. Last fall, the OECD… Read More

ICOs 2.0: Security Tokens Set to Take Centre Stage

Make way for the next generation of blockchain crowdfunding Alongside the rise of Bitcoin and other cryptocurrencies, Initial Coin Offerings (ICOs) saw explosive growth in 2017, with more than 1,500 ICOs raising a combined total of over $28 billion in the last two years alone…. Read More

Report: Are ‘Smart Security Offerings’ the Evolution of Capital Formation?

Just published today is a presentation created by Ownera, NovaBlock Capital, and the Security Token Summit that outlines the evolution of capital formation with Security Token Offerings (STOs) or “Smart Security Offerings” being the most evolved iteration to date. While the initial coin offering (ICO)… Read More

European Securities and Markets Authority Tells European Commission that ICOs and Crypto Assets Need an EU Wide Regulatory Approach

The European Securities and Markets Authority (ESMA) has just published its “Advice” on “Initial Coin Offerings and Crypto-Assets.” In the past, ESMA has issued several warnings regarding crypto-assets and virtual currencies. The Advice outlines ESMA’s position on the issues that exist in the rules within ESMA’s… Read More

Why Have Offshore Financial Centres Become the Home of ICOs?

Initial Coin Offerings (ICOs) are booming in offshore financial centres. In 2017, only a small minority of cryptocurrency transactions were taking place offshore but just a year later, according to a study by PriceWaterhouseCoopers and CryptoValley, the Cayman Islands, British Virgin Islands (BVI) and Singapore… Read More

UK Financial Conduct Authority Issued Warnings About Four-Fifths of the Crypto Companies It Investigated

A freedom-of-information request filed by The Sunday Telegraph shows that four-fifths of 49 companies investigated by the UK’s Financial Conduct Authority (FCA) resulted in warnings about those companies being issued to the public. A total of 67 investigations into crypto operations have been launched by the FCA. 18 investigations are… Read More

Wall Street Journal Identifies 513 “Questionable” Cryptocurrency Projects in New Report

Reporters at The Wall Street Journal have identified 513 cryptocurrency projects using plagiarized language, listing false “team members” and promising outsize returns to lure investors. Reporters used automated key-word search tools and human scrutiny to to trawl 3300 crypto white papers for evidence of misconduct. All… Read More

Legislation Designed to Fix ICOs in the US, the Token Taxonomy Act, is Introduced in Congress

As long anticipated, legislation has been entered into Congress to address pressing questions regarding initial coin offerings (ICOs) and their current treatment as being regulated by the Securities and Exchange Commission (SEC) as they are all considered to be securities. Representatives Warren Davidson and Darren… Read More

A Potential Pathway Forward for U.S. Initial Coin Offerings

This summer, with little fanfare, the North American Securities Administrators Association (NASAA) announced some interesting and, in our view, directionally enlightened ideas on potential changes to state securities laws as they relate to secondary market trading. If you aren’t familiar with NASAA, it is a… Read More

What the SEC’s ICO Crackdown Means For You

Recently, the Securities and Exchange Commission (SEC) has been actively pursuing all players in the initial coin offering (ICO) space, including companies that have raised money with ICOs, an exchange, people promoting ICOs, and most recently, an ICO investment fund. The SEC’s recent actions are… Read More

SEC Enforcement Co-Director Emphasizes Importance of International Cooperation to Combat ICO Fraud

Steven Peikin, Co-Director of the SEC’s Division of  Enforcement, told an audience at Harvard Law School this week that, given the increasingly cross-border nature of ICO and securities fundraising, “Collaboration with international regulators and law enforcement is critical to the SEC’s civil law enforcement success.”… Read More

A Big November for the SEC’s Regulation of Crypto: What Does It Mean?

November was a busy month for the SEC’s burgeoning regulation of digital assets. In the first action of its kind, the Commission brought enforcement proceedings against the founder of digital asset trading platform EtherDelta for operating as an unregistered securities “exchange.” Ten days later, the… Read More

Beijing Municipal Finance Director Nixes Unlicensed Security Tokens Any Time Soon, Advises “Awe of Supervision”

At the end of a long speech about cultivating an honest and effective wealth management industry in China’s political and financial capital, Beijing, Huo Xuewen, nixed the idea ICOs (initial coin offerings) will be allowed to quickly morph into security tokens (STOs) anytime soon. According… Read More

Initial Coin Offerings: I Have to File a Form 10? Great! What’s a Form 10?

Those who have read the SEC settlements with AirFox (CarrierEQ.Inc.) and Paragon Coin, Inc. published on November 16, 2018, will note that the defendant ICO issuers agreed, among other things, to register their “coins” under the Exchange Act (the Securities Exchange Act of 1934) by filing… Read More

Boxer Floyd Mayweather, Jr. and DJ Khaled Settle Charges with SEC Regarding ICO Promotions

The Securities and Exchange Commission (SEC) has settled charges against two high-profile initial coin offering (ICO) promoters.  Music producer DJ Khaled and boxer Floyd Mayweather Jr. were cited for failing to disclose they were remunerated for promoting ICOs via their social media channels. The SEC… Read More

Templum Comments on SEC ICO Enforcement Action: “We are Likely to See Continued Enforcement Actions & Litigation”

On November 16th, the Securities and Exchange Commission (SEC) announced its first enforcement actions against initial coin offerings (ICOs) that did not file for an appropriate securities exemption following the SEC’s DAO report. The SEC settled claims with both Paragon and AirFox with each ICO issuer… Read More

Singapore Exchange Publishes Expectations for Listed Companies Also Planning ICOs

One of Asia’s largest stock exchanges is putting the breaks on any company already listed this is also looking to issue an ICO (initial coin offering). According to a recent blog post from the Singapore Exchange (SGX), companies already listing traditional equities on the SGX that… Read More

Case Against Airfox and Paragon Initial Coin Offerings Makes Abundantly Clear SEC’s Approach to Post DAO ICOs

Last Friday, the SEC settled charges against two companies, CarrierEQ Inc. dba Airfox (“Airfox”) and Paragon Coin Inc. (“Paragon”), which raised money with initial coin offerings (“ICOs”).  The SEC found that both companies violated the registration provisions of the U.S. securities laws because neither company… Read More

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