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It also seems as if just about everyone is considering an ICO but they go to great pains to avoid being classified as a security to be free of the Securities and Exchange Commission (SEC) regulations. The regulators from both local (New York State) and federal agencies have taken a more aggressive stance recently with ICOs and cryptos in general. This could be a plus for the European and Asian markets as firms looking to launch might choose other countries with less aggressive regulators.

The SEC recently announced that all ICOs will be considered as a security which means they will fall under their jurisdiction and will need to be regulated. The commissioner Jay Clayton has stated in regard to ICOs, “we regulate the offering of that security and regulate the trading of that security.”

From what I have been told and learned some players were able to get around this security designation by using a Simple Agreement for Future Tokens (SAFT). Those with a SAFT invest in the firm’s technology but not in the firm. In other words they have no ownership stake in the firm itself. A small but key difference from IPOs for example. However, the new opinion by the SEC will change that. I am not a lawyer and will not pretend to give legal advice. I would suggest that if doing an ICO in the United States get a good lawyer who understands the latest regulations which appear to be changing by the week.


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