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Financial Services Law Insights and Observations

Two ICO issuers settle SEC charges for securities offering registration violations

Securities SEC Initial Coin Offerings Cryptocurrency

Securities

On November 16, the SEC announced cryptocurrency-related settlements imposing civil money penalties against two companies that allegedly offered and sold digital tokens through initial coin offerings (ICO). The settlements are the SEC’s first cases imposing civil money penalties based solely on alleged ICO securities offering registration violations. According to the SEC, the two companies allegedly violated the Securities and Exchange Act of 1934 by offering and selling ICO tokens without (i) registering them pursuant to federal securities laws; or (ii) qualifying for an exemption to registration requirements. Under the terms of the settlement agreements (available here and here), the companies—who have neither admitted nor denied the findings—have each agreed to pay a $250,000 civil money penalty, and will also (i) return funds to impacted investors; (ii) register the digital tokens as securities; and (iii) file periodic reports with the SEC.

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