The American Securities and Exchange Commission (SEC) has now issued some firm guidance on cryptocurrencies and ICOs.
The statement comes in the light of recent rulings on firms such as Paragon, Crypto Asset and Airfox with remedies agreed with some of these organizations. Under the header ‘statement on digital asset securities insurance and trading’ , there’s not an awful lot of surprise to be found in its words.
Those who have invested in both Airfox and Paragon must now contact investors to give them the information they would have had, had the tokens concerned been registered as securities from the start. Furthermore, the statement given by the SEC is in detail – for example – Airfox and Paragon having to register their tokens as securities , rather than them be allowed to exist as decentralised entities.
The SEC writes that going forward , these two matters demonstrate that there is a path to compliance with the federal securities laws, even where illegal unregistered offering of digital asset securities have been conducted by the issuers.
The statement further says that any platform which is trading in digital asset securities and operates as an ‘exchange’ , either exempts for some reason from registration or register with SEC as a national security exchange.
The SEC declares that it’ll be taking a “functional approach” specifically giving itself leeway to include circumstances – when identifying what it regards as an exchanges. Anyone providing a market place for bringing together buyers and sellers of securities must work out if, under U.S. law, they are falling under the definition of an exchange, if they are, they also have to register themselves in this case.
The SEC further said that ICOs also have to follow the guidelines. Any entity issuing ICOs or undertaking secondary trading in digital asset securities will need to register with the SEC. Going forward, they have to become part of a self regulatory group as well.
The SEC statement ends with declaring that its divisions are looking to “support and encourage innovations.”