So What If My Digital Token is a Security? Personal Liability in Claims made for Rescission Damages

Earlier this year, I posted a blog titled “Whether You Are Raising Capital for Bitcoins or Beavers, Securities Laws Will Apply.”  The most common response we hear is “So What?!” A fair question, no doubt. The brief answer is that failure to comply with applicable state and federal securities laws can result in significant personal … Continue reading So What If My Digital Token is a Security? Personal Liability in Claims made for Rescission Damages

Tell Your Friends to Buy Their Own Cryptocurrencies – Money Transmitter Issues in Private Sales of Cryptocurrencies for Legal Tender Currencies

Congratulations!  You’ve figured out how to buy Bitcoins and other cryptocurrencies from reliable sources.  You are likely more computer savvy than most of your friends and family and are the acknowledged “Cryptocurrency” friend.  You’ve likely made some money and are excited to share what you’ve learned with others.  Your friends and family, however, just don’t … Continue reading Tell Your Friends to Buy Their Own Cryptocurrencies – Money Transmitter Issues in Private Sales of Cryptocurrencies for Legal Tender Currencies

SEC Shoots with a Spiritual Blunderbuss – Why Your ICO Is Most Likely a Security In the Eyes of the SEC

On Monday, January 22, 2018, SEC Chairman Jay Clayton expressed the SEC’s growing concern with ICOs and other cryptocurrency offerings being issued and sold without complying with securities laws. Chairman Clayton also warned/scolded the professional advisors connected to these offerings. The full text of Chairman Clayton’s statement is available here. Compliance with securities laws can … Continue reading SEC Shoots with a Spiritual Blunderbuss – Why Your ICO Is Most Likely a Security In the Eyes of the SEC

Whether You Are Raising Capital for Bitcoins or Beavers, Securities Laws Will Apply

In mid-December, 2017, when the SEC Chair, Jay Clayton, warned that the SEC would be specifically scrutinizing cryptocurrencies and initial coin offerings (ICOs) under applicable securities laws that apply to the offer and sale of securities, Chair Clayton was simply restating the long-established case law and practice used by the SEC and other state and … Continue reading Whether You Are Raising Capital for Bitcoins or Beavers, Securities Laws Will Apply

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