Quote from: AttorneyBitcoin on November 21, 2017, 05:12:43 AM

Quote from: BTC064 on November 19, 2017, 04:40:27 AM

Quote from: strocifer on November 15, 2017, 12:02:27 PM

Does someone know if there is any regulation regarding ICOs?
I have the feeling it's like jungle for now.

Hello,

Remember what is considered a Security.

Now for legal reasons, don't consider this legal advise. Do get with an attorney.

These should be considered my opinions only because of ........

If the digital currency, token, or crypto or whatever you want to call it,

1) Is being backed by any commodity or asset.
2) If it is offering ownership in a company
3) If it represents a vote in the company
4) If the person or entity that acquires it is guaranteed a return on his or her investment.
5) If you use the word investment, that can upset regulators.
6) If you promise interest to the coinholders.

Good Luck

Well done Sir:

Also consider whether the purchaser is looking for passive income, which could just mean appreciation in value, or whether the purchaser is going to take an active role. If the purchaser is investing to obtain passive income it is more likely a security.

If it is a security then you have to be registered as such with the SEC and have their okay to go ahead. Not a small task.

There are exemptions to being a security. One of them is to have only accredited investors.

Best:

George D. Greenberg, Esq.
www.attorneybitcoin.com

I am sure most of the token issued during ICOs are not registered wit the SEC or any other financial regulator, aren't they? So the protection for us willing to invest in such ICO is rather small.

strocifer

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