Initial coin offerings so far have gone through two major phases in their brief lifespan. The initial phase flew under the regulatory radar in an explosion of deals that raised billions of dollars seemingly overnight and without either registering the offerings with the SEC or complying with an exemption from registration. The ICO atmosphere changed
Hand it Over: SAFT-Based ICOs Challenged by SEC Subpoenas
By Alon Y. Kapen on
Posted in bitcoin, blockchain, ICO, initial coin offering, SAFE, SAFT, SEC, token, token sale, Uncategorized, utility token
The Wall Street Journal ominously reported on February 28 that the Securities and Exchange Commission recently issued dozens of subpoenas to initial coin offering issuers and their advisors demanding information about the structure of their ICOs. Although the Commission has yet to officially acknowledge them, the subpoenas are consistent with a series of SEC enforcement…
Is a Utility Token ICO a Sale of Securities?
By Alon Y. Kapen on
Posted in blockchain, Capital Raising, Ethereum, Howey, ICO, initial coin offering, JOBS Act, SEC, token, token sale, utility token
Bloomberg reported on October 16 that over $3 billion dollars have been raised in over 200 initial coin offerings so far this year. It remains to be seen whether the pace of ICOs will slow down in the face of regulatory headwinds such as the outright ICO bans in China and South Korea. Here…