Securities Regulators Warn That Certain “ICOs” May Be Subject to Securities Laws

In Brief

  • The SEC issued an investigative report warning that digital tokens may be considered securities subject to regulation under the federal securities laws.
  • Securities regulators in several countries have also issued warnings about the application of their securities laws to ICOs and the intermediaries and cryptocurrency exchanges that support them.
  • Participants in this burgeoning market should carefully analyze existing and contemplated ICOs under applicable securities laws.

The U.S. Securities and Exchange Commission (SEC) recently dampened the market for initial coin offerings (ICOs). This action may have been an opening salvo in what appears to be a growing consensus o…

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