Caixin reports that China's relevant regulators will take measures on ICOs; before ICOs are included into the nation's legal framework, it cannot be ruled out that regulators will ban such activities; People's Bank of China and China Securities Regulatory Commission are now discussing the measures. Source (Chinese)
Last week the Securities and Exchange Commission (SEC) released a report on the initial coin offering (ICO) of the Decentralized Autonomous Organization (the DAO), which raised almost $150 million from investors using this new capital raising method (before returning the money); the report explained that the SEC views this ICO as a sale of securities and that the DAO was in violation of securities laws, though no enforcement action was taken. Source
CoinDesk reports that Sheng Songcheng, counselor to the PBoC and an adjunct professor of economics and finance at the China Europe International Business School, explained that the Chinese government was right to move ahead with the ban; “In my opinion, these actions are largely aimed at averting risk and protecting investors’ interests while also being an opportunity to further regulate trading of virtual currencies,” as Songcheng writes in Caixin. Source.
Business Insider takes a look back at one of the biggest trends in finance from 2017; Initial Coin Offerings or ICOs have become one of the main ways for companies in the blockchain space to raise capital; more than $3.5bn was raised using this method; some of the top raises include $153mn by The Bancor Protocol, $232mn by Tezos and $257mn by Filecoin. Source.
Podcast talks with former SEC Enforcement Division attorney Nick Morgan; Nick Morgan says the SEC is reviewing all types of cases and using the Howey Test to determine whether the deals are considered an offering of securities; explains that the Howey Test considers whether the expectation of profit relies on efforts of investors and also says that the investigations center around whether the investors are passively investing or actively involved in creating value; Morgan also noted that the SEC's resources are limited given the vast number of ICOs being offered and reports that the investigations will likely focus first on any fraudulent activity with potential investigation efforts also on exchanges that encompass the inclusion of many ICOs. Source
While regulators have shut down exchanges the market is still showing signs of life as investors are trading bitcoin and buying into ICOs; investors are using the price over the counter market to buy and sell cryptocurrencies; investors are also using messaging apps like WeChat and Telegram to get deals done; bitcoin miners are where the authorities have found greater success as there has been a big hit to miners since the crackdown occurred. Source.
Alex Tapscott has raised $20 million for NextBlock Global, an investment firm investing in projects selling cryptographic tokens; he now has plans to list the company on the Toronto Stock Exchange; Tapscott is also the co-author of "Blockchain Revolution," which he wrote with his father, Don Tapscott, last year; with the IPO listing of NextBlock Global he hopes to further accelerate adoption of ICOs and blockchain. Source
Jason Gottlieb, a partner at Morrison Cohen, told Crowdfund Insider that, in his opinion, “Despite its firm view that most (and maybe all) ICOs were unregistered securities offerings, the courts have not yet decided whether the “coins” or “utility tokens” are truly securities.”; the reports point to the SEC investigating at least 12 ICOs and their gatekeepers; regulators have been increasing their understanding of the space in the last year as the ICO market has taken off. Source.
Canadian securities regulators released what they call a staff notice on "cryptocurrency offerings"; Coindesk reports on the notice, "With the offerings that we have reviewed to date, we have in many instances found that the coins/tokens in question constitute securities for the purposes of securities laws, including because they are investment contracts."; this has now become a trend in the market as the US SEC released a report and Chinese regulators released a statement about how they view this emerging capital raising method; the statement also covers companies looking to set up funds and encourages a regulatory sandbox to be created. Source
The emerging blockchain industry is starting to look like the rest of the tech industry, predominantly male; it is estimated that only 4 to 6 percent of blockchain investors are women; there are a number of women who are looking to change this culture and have started forming clubs and conferences to attract more women to the space; “We have an opportunity to rebuild the financial systems,” entrepreneur Brit Morin said to the NY Times. “Women want to be part of that.”; there has been numerous incidents at industry events and from ICO marketing campaigns that have been discouraging to say the least for blockchain women enthusiasts; with the industry still in its infancy there is plenty of time to build a more inclusive culture for all those interested in the potential of blockchain technology. Source.