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Tokens and offerings that incorporate features and marketing efforts that emphasize the potential for profits based on the entrepreneurial or managerial efforts of others continue to contain the hallmarks of a security under U. On this and other points where the application of expertise and judgment is expected, I believe that gatekeepers and others, including securities lawyers, accountants and consultants, need to focus on their responsibilities.
I urge you to be guided by the principal motivation for our registration, offering process and disclosure requirements: investor protection and, in particular, the protection of our Main Street investors. I also caution market participants against promoting or touting the offer and sale of coins without first determining whether the securities laws apply to those actions. Similarly, I also caution those who operate systems and platforms that effect or facilitate transactions in these products that they may be operating unregistered exchanges or broker-dealers that are in violation of the Securities Exchange Act of On cryptocurrencies, I want to emphasize two points.
Before launching a cryptocurrency or a product with its value tied to one or more cryptocurrencies, its promoters must either 1 be able to demonstrate that the currency or product is not a security or 2 comply with applicable registration and other requirements under our securities laws. Second, brokers, dealers and other market participants that allow for payments in cryptocurrencies, allow customers to purchase cryptocurrencies on margin, or otherwise use cryptocurrencies to facilitate securities transactions should exercise particular caution, including ensuring that their cryptocurrency activities are not undermining their anti-money laundering and know-your-customer obligations.
Speaking broadly, cryptocurrencies purport to be items of inherent value similar, for instance, to cash or gold that are designed to enable purchases, sales and other financial transactions. They are intended to provide many of the same functions as long-established currencies such as the U. Although the design and maintenance of cryptocurrencies differ, proponents of cryptocurrencies highlight various potential benefits and features of them, including 1 the ability to make transfers without an intermediary and without geographic limitation, 2 finality of settlement, 3 lower transaction costs compared to other forms of payment and 4 the ability to publicly verify transactions.
Other often-touted features of cryptocurrencies include personal anonymity and the absence of government regulation or oversight. Critics of cryptocurrencies note that these features may facilitate illicit trading and financial transactions, and that some of the purported beneficial features may not prove to be available in practice. Whether that assertion proves correct with respect to any digital asset that is labeled as a cryptocurrency will depend on the characteristics and use of that particular asset.
In any event, it is clear that, just as the SEC has a sharp focus on how U. This extends, for example, to securities firms and other market participants that allow payments to be made in cryptocurrencies, set up structures to invest in or hold cryptocurrencies, or extend credit to customers to purchase or hold cryptocurrencies.
Initial Coin Offerings. Coinciding with the substantial growth in cryptocurrencies, companies and individuals increasingly have been using initial coin offerings to raise capital for their businesses and projects.
Typically these offerings involve the opportunity for individual investors to exchange currency such as U. These offerings can take many different forms, and the rights and interests a coin is purported to provide the holder can vary widely. In contrast, many token offerings appear to have gone beyond this construct and are more analogous to interests in a yet-to-be-built publishing house with the authors, books and distribution networks all to come.
It is especially troubling when the promoters of these offerings emphasize the secondary market trading potential of these tokens. Prospective purchasers are being sold on the potential for tokens to increase in value — with the ability to lock in those increases by reselling the tokens on a secondary market — or to otherwise profit from the tokens based on the efforts of others.
These are key hallmarks of a security and a securities offering. By and large, the structures of initial coin offerings that I have seen promoted involve the offer and sale of securities and directly implicate the securities registration requirements and other investor protection provisions of our federal securities laws. Generally speaking, these laws provide that investors deserve to know what they are investing in and the relevant risks involved. We at the SEC are committed to promoting capital formation.
The technology on which cryptocurrencies and ICOs are based may prove to be disruptive, transformative and efficiency enhancing. I am confident that developments in fintech will help facilitate capital formation and provide promising investment opportunities for institutional and Main Street investors alike. I encourage Main Street investors to be open to these opportunities, but to ask good questions, demand clear answers and apply good common sense when doing so.
When advising clients, designing products and engaging in transactions, market participants and their advisers should thoughtfully consider our laws, regulations and guidance, as well as our principles-based securities law framework, which has served us well in the face of new developments for more than 80 years. I also encourage market participants and their advisers to engage with the SEC staff to aid in their analysis under the securities laws.
Staff providing assistance on these matters remain available at FinTech sec. This statement is not, and should not be taken as, a definitive discussion of applicable law, all the relevant risks with respect to these products, or a statement of my position on any particular product.
Additionally, this statement is not a comment on any particular submission, in the form of a proposed rule change or otherwise, pending before the Commission. Fraud and manipulation involving bitcoin traded in interstate commerce are appropriately within the purview of the CFTC, as is the regulation of commodity futures tied directly to bitcoin.
That said, products linked to the value of underlying digital assets, including bitcoin and other cryptocurrencies, may be structured as securities products subject to registration under the Securities Act of or the Investment Company Act of For example, just as with a Regulation D exempt offering to raise capital for the manufacturing of a physical product, an initial coin offering that is a security can be structured so that it qualifies for an applicable exemption from the registration requirements.
Please also see the SEC investor bulletins, alerts and statements referenced in note 3 of this statement. Search SEC. Securities and Exchange Commission. Statement on Cryptocurrencies and Initial Coin Offerings. They also present investors and other market participants with many questions, some new and some old but in a new form , including, to list just a few: Is the product legal?
Is it subject to regulation, including rules designed to protect investors? Does the product comply with those rules? Is the offering legal? Are those offering the product licensed to do so? Are the trading markets fair? Can prices on those markets be manipulated? Can I sell when I want to? Part of this stems from the fact that cryptocurrency networks were not designed with tools like identity screening or the ability to block transactions implemented, the official said.
Indeed, most cryptocurrency networks are arguably designed to limit identification and be more decentralized. Commerce Department will be directed to create a framework to address these concerns, the fact sheet said, and to ensure that the U. Other agencies should be able to take advantage of this framework for their own policy or operational approaches to crypto.
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. During a shortened week in traditional markets, with U. For now, the hackers appear to be winning.
Obama-era Treasury veteran Michael Barr must still win a difficult Senate confirmation. The blockade only applies to the Tornado Cash front-end, not the underlying smart contract, one of the protocol's founders later tweeted. Nikhilesh De. Follow nikhileshde on Twitter.
The Takeaway. President Joe Biden signed a first-of-its-kind executive order on cryptocurrencies on Wednesday, directing federal agencies to coordinate their approach to the sector. The executive order does not lay out specific positions the administration wants agencies to adopt, or impose new regulations on the sector. Investor protection. Digital dollar. The privacy of the dollar remains a key issue. National security, international cooperation. Sign up for Money Reimagined, our weekly newsletter exploring the transformation of value in the digital age.
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