SEC Handling Each ICO Based On 'Facts And Circumstances'

Law360 (May 16, 2018, 4:48 PM EDT) -- The U.S. Securities and Exchange Commission will continue to handle cryptocurrency offerings based on a “facts and circumstance” test that judges each case individually to determine whether it’s a security subject to SEC regulation, Stephanie Avakian, co-director of the agency’s the Division of Enforcement, said Wednesday.

The contentious issue of how ICOs should be defined and regulated was raised repeatedly during a congressional hearing, with members of the House Financial Services Committee seeking clarity from the SEC’s top two enforcement officials.

“The question I’ve been asking is, ‘Are they fish or fowl?’” said Rep. Bill Huizenga, R-MI. “But these are sort...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!