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by xdeqx366 3185 days ago
As a crypto-developer working in the blockchain space, my primary company has opted to do an ICO as part of its operations. The company has existing VC backing of between 4-10 million, and the project would benefit from blockchain - for one aspect. By no means is a new token necessary, but that fact seems to have been side-stepped. The product exists, and perceivably the token could be usable upon issuance...

I enjoy working on the crypto for the project, but I concern myself with the eventual legalities of the ICO and how it might change the companies incentives internally.

I have bills to pay, leaving on principle alone isn't viable for me, but, if it could impact on my family, I will.

I am not a lawyer, and the answers don't appear to be black and white.
2 comments
TaylorGood 3185 days ago
Same. A quick chat with an attorney who is an SEC specialist basically said "if it breathes" i.e. involves money that ICO is seen as a security. The SEC putting together the digital division which covers cryptocurrency tokens is part of what led to him saying this. Basically fish in a barrel.

It is in my opinion that any US-based ICO is now in a lottery as to whether they get the SEC visit.

Not legal advice at all, just sharing an excerpt from a coffee chat.

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passwordreset 3185 days ago
Can you ask him how a virtual currency can also be a security? Tulips could be a security, OK; but, didn't the Securities Exchange Act of 1934 exempt currencies from being considered a security?
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TaylorGood 3184 days ago
Found this interesting, and relatable:

https://www.sec.gov/news/press-release/2014-111

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xdeqx366 3185 days ago
What was your decision? Did you stay or leave?
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TaylorGood 3184 days ago
Pass.

Not sure why this isn't discuss more, but Erik Vorhees was fined for not registering as a security back in 2014: https://www.sec.gov/news/press-release/2014-111

Although it was just fines, not worth the exposure just for merely operating an above-board business. With SEC now having Cyber Unit, in theory their regulating now increases.

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QAPereo 3184 days ago
I’d suggest reading The Colony blog for an idea of what lawyers are saying.
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