Title: SEC, Howey Test and Token as Securities Post by: SilverTrader on October 04, 2017, 09:53:51 PM Hello Crypto Supporter,
are there any discussions going on at bitcointalk about the SEC declaring tokens as security and therefore hinder trading those. The SEC uses the so caled Howey Test to determine if a token is classified as a security. More about the test: http://consumer.findlaw.com/securities-law/what-is-the-howey-test.html Interesting paper from coinbase with a test at the end: https://www.coinbase.com/legal/securities-law-framework.pdf So I wonder if there are any lists out there of tokens who potentially could end up as securites? As far as I understood a token who pays some kind of dividend in order to reward token holders is more likely to be classified as a security? TenX would be a prime example for this. Can anyone elaborate on this? Thx in Advance! Title: Re: SEC, Howey Test and Token as Securities Post by: VanDeinsberg12 on October 04, 2017, 10:29:40 PM Hello Crypto Supporter, are there any discussions going on at bitcointalk about the SEC declaring tokens as security and therefore hinder trading those. The SEC uses the so caled Howey Test to determine if a token is classified as a security. More about the test: http://consumer.findlaw.com/securities-law/what-is-the-howey-test.html Interesting paper from coinbase with a test at the end: https://www.coinbase.com/legal/securities-law-framework.pdf So I wonder if there are any lists out there of tokens who potentially could end up as securites? As far as I understood a token who pays some kind of dividend in order to reward token holders is more likely to be classified as a security? TenX would be a prime example for this. Can anyone elaborate on this? Thx in Advance! I believe over 80% the token that already generated by the ico project will have included into the security, because the token just like a security to the investors. I consider that iconomi token just like another security token. Title: Re: SEC, Howey Test and Token as Securities Post by: SilverTrader on October 04, 2017, 10:49:55 PM If thats the case, this should be the number 1 topic in the crypto world. Once the SEC starts their hunt, there will be a lot of FUD in the crypto world...
Title: Re: SEC, Howey Test and Token as Securities Post by: Razick on October 04, 2017, 11:34:58 PM If thats the case, this should be the number 1 topic in the crypto world. Once the SEC starts their hunt, there will be a lot of FUD in the crypto world... The problem is manpower and resources though. There is not near enough to track each and every Bitcoin and crypto user. It takes hundreds of millions and tens of thousands of people to do this... way more than it is worth. Then you add the fact that each coin has its own configuration/setup... they are not identical and then we have others like Monero which are literally 100% anonymous and impossible to trace. I just don't see how governments will be able to get around these obstacles. Title: Re: SEC, Howey Test and Token as Securities Post by: SilverTrader on October 05, 2017, 01:13:30 PM If thats the case, this should be the number 1 topic in the crypto world. Once the SEC starts their hunt, there will be a lot of FUD in the crypto world... The problem is manpower and resources though. There is not near enough to track each and every Bitcoin and crypto user. It takes hundreds of millions and tens of thousands of people to do this... way more than it is worth. Then you add the fact that each coin has its own configuration/setup... they are not identical and then we have others like Monero which are literally 100% anonymous and impossible to trace. I just don't see how governments will be able to get around these obstacles. Im not worried about banning cryptocurrencies ;) Monero wpuld pass the Hoewy Test anyway. Im worried about a lot of projects getting delisted on the big exchanges...if thats happen, there will be an altcoin breakdown like we havent seen before. Title: Re: SEC, Howey Test and Token as Securities Post by: CrazyCreeptonaut on October 05, 2017, 02:03:41 PM Hello Crypto Supporter, are there any discussions going on at bitcointalk about the SEC declaring tokens as security and therefore hinder trading those. The SEC uses the so caled Howey Test to determine if a token is classified as a security. More about the test: http://consumer.findlaw.com/securities-law/what-is-the-howey-test.html Interesting paper from coinbase with a test at the end: https://www.coinbase.com/legal/securities-law-framework.pdf So I wonder if there are any lists out there of tokens who potentially could end up as securites? As far as I understood a token who pays some kind of dividend in order to reward token holders is more likely to be classified as a security? TenX would be a prime example for this. Can anyone elaborate on this? Thx in Advance! so airdrop is a security?? Title: Re: SEC, Howey Test and Token as Securities Post by: Nadia_l on January 28, 2018, 08:57:33 AM Do not agree that airdrop tokens could be regarded as a securities, because according to the Howey Test all three elements must be met in order for a token to be a security:
1. An investment of money 2. in a common enterprise 3. with an expectation of profits predominantly from the efforts of others. And in the airdrop, we have no any investments of money! Title: Re: SEC, Howey Test and Token as Securities Post by: nsasuiteb on January 28, 2018, 09:08:11 AM I don't think so, most coins, tokens are not a security but a speculative pump dump coins :) But overall, these are very good news because it causes prices to decrease so buy more :D
Title: Re: SEC, Howey Test and Token as Securities Post by: damberg on January 28, 2018, 09:17:45 AM Sooner or later SEC is going to come up with a classification of cryptocurrencies. They might not call it "securities" but it is unnatural for them to leave such a fast growing market unregulated. Unfortunately, "wild west" of cryptocurrencies will not last for a long time.
Title: Re: SEC, Howey Test and Token as Securities Post by: made4world on March 04, 2018, 02:16:40 PM Is there any cryptocurrencies already passed Howey test?
Title: Re: SEC, Howey Test and Token as Securities Post by: whatluke on March 22, 2018, 01:42:50 PM There are exemptions to SEC registration requirements based on where you are selling, income/ asset restrictions and more, so it really depends on your project specifications. When in doubt, ask your lawyers!
Issuing An ICO In The US? Here are our learnings https://medium.com/property_coin/issuing-an-ico-in-the-us-one-companys-experience-aeca56d6444d Title: Re: SEC, Howey Test and Token as Securities Post by: Ferdinand Thomas on April 11, 2018, 03:55:11 PM Midas is an investment app for retail investors on top of the Melon protocol.
The Token Generation Event is planned for end of Q2 2018 and the launched token is an uncertified security under Swiss law. The founders of Midas actually think that tokenized securities are the use-case of the future. Their view on the topic of tokenized seucrities and what exactly they are launching you can find in this MEDIUM POST (https://medium.com/midas-app/tokenized-securities-are-the-future-thats-why-we-launch-one-e8353d14ae50) |