SEC: US Securities Laws 'May Apply' to Token Sales
The SEC said today that the offering and sale of digital tokens "are subject to the requirements of the federal securities laws".
The US Securities and Exchange Commission said today that the offering and sale of digital tokens "are subject to the requirements of the federal securities law."
The agency, in its statement, revealed that it had been investigating the issuance of tokens connected to The DAO, the ethereum-based funding vehicle that collapsed dramatically last summer following an exploit of a flaw in its code.
Per the SEC, those "DAO tokens" constitute securities, though the agency said that it was not going to pursue any charges in connection with the project, but is releasing its finding "to caution the industry and market participants."
The agency said:
Stephanie Avakian, co-director of the SEC's Enforcement Division, added in a statement:
In tandem with the DAO report, the SEC published an investor bulletin about initial coin offerings, or ICOs. Among the items included was a warning about the risks of fraud for those who opt to participate.
"Investing in an ICO may limit your recovery in the event of fraud or theft. While you may have rights under the federal securities laws, your ability to recover may be significantly limited," the bulletin read.
The move comes months after the SEC was formally petitioned to issue guidance on blockchain assets and ICOs, effectively ending a period of doubt as to what approach the SEC would take.
The full SEC report can be found below:
SEC Report by CoinDesk on Scribd
Image via Shutterstock
The leader in news and information on cryptocurrency, digital assets and the future of money, CoinDesk is a media outlet that strives for the highest journalistic standards and abides by a strict set of editorial policies. CoinDesk is an independent operating subsidiary of Digital Currency Group, which invests in cryptocurrencies and blockchain startups. As part of their compensation, certain CoinDesk employees, including editorial employees, may receive exposure to DCG equity in the form of stock appreciation rights, which vest over a multi-year period. CoinDesk journalists are not allowed to purchase stock outright in DCG.
Learn more about Consensus 2023, CoinDesk’s longest-running and most influential event that brings together all sides of crypto, blockchain and Web3. Head to consensus.coindesk.com to register and buy your pass now.