I wonder if Ken considered the option of hiring somebody to run direct shares. It may have to be a very real consideration. Didn't this same thing happen to btct just a month back or so? and then comes the notice that they'll have to close permanently...
A while back Ken wrote they already had the code for a private exchange, precisely for this reason. I commended him for that, being forward looking (and was ridiculed by many for saying that). Its in this thread. Anyway, e that doesnt change the legal status, selling those shares directly wouldnt be any more legal, unless he registers them first. He might not attract as much attention, but its hardly a fundamental solution.