Archive

January 2018

Browsing

One of the big questions surrounding ICOs is whether the “coin” (or token) offered in the ICO is considered a security and, therefore, subject to securities laws, including registration.  One of the U.S. SEC’s first official statements on the matter, issued in response to the DAO debacle, was probably most famous for its lack of definitive statements.  It said that:

[F]ederal securities law may apply to various activities, including distributed ledger technology, depending on the particular facts and circumstances, without regard to the form of the organization or technology used to effectuate a particular offer or sale

In well publicized moves in late 2017, both China and South Korea banned ICOs.  Today, the Malaysian finance minister said in an interview that Malaysia will not impose a blanket ban on cryptocurrency trading.  At the same time, South Korea’s Yonhap News Agency reported that, in a further tightening move, “The South Korean government has been developing a system that is likely to start banning the use of anonymous accounts in cryptocurrency transactions from around…