Finlaw: Can a security token later change into a non-security utility token?
An Associate Professor at Cardozo Law School, Aaron Wright, recently commented on the possibility of a security becoming a non-security token at some future time, and his comments hit the nail on the head on a very important question in the cryptocurrency space: Is it possible for a token that is a security to transform into a non-security
Read MoreFINLAW: Steps to Navigate FINRA for a Title III Crowdfunding Platform Approval
See recent blog post appearing at https://www.katipult.com/education-center/news/tips-to-registering-your-securities-crowdfunding-portal *** Crowdfunding Portals continue to disrupt traditional ways of raising capital by leveraging the historic reforms under the JumpStart Our Business Startups (JOBS) Act, financial technology and growing demand by self-directed and nonaccredited investors who seek to invest in potentially innovative ventures. With 38 funding portals registered with the
Read MoreFINLAW: What questions will the SEC ask ICOs?
see article appearing on banklesstimes.com at https://www.banklesstimes.com/2017/11/05/what-questions-will-the-sec-ask-icos/ While ICOs (initial coin offerings) and their legal advisors analyze facts and circumstances to assemble arguments why some token sales do not fall under the definition of a security, there are other securities-related questions that are necessary to address to ensure token offerings are compliant with the
Read MoreFinLaw: Pitfalls for Funding Platforms Continuing to Raise Capital over the Internet under Rule 506(b)
See article on Crowdfundinsider at https://www.crowdfundinsider.com/2017/10/123423-pitfalls-funding-platforms-continuing-raise-capital-internet-rule-506b/ — Even with the flexibility provided to Regulation D private placement offerings by Title II of the JumpStart Our Business Startups (JOBS) Act, U.S. Securities and Exchange Commission (SEC) data has consistently shown that most Regulation D offerings continue to raise capital under traditional Rule 506(b). Rule 506(b), unlike its
Read MoreFINLAW: ICOs and a Soon Arriving Flood of SEC Enforcement Investigations
See article at http://www.banklesstimes.com/2017/10/14/icos-and-a-soon-arriving-flood-of-sec-enforcement-investigations/ The Securities and Exchange Commission late last month filed charges against the person and entities responsible for two related initial coin offerings (ICOs) that defrauded investors. See SEC v. ReCoinGroup Foundation, LLC, et al, at https://www.sec.gov/litigation/complaints/2017/comp-pr2017-185.pdf In the ReCoin case, a typical securities offering fraud became far more notable because the vehicle
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